Hong Kong Case Law: Decisions & Judgments

Topic

Court directions under companies ordinance

Legal area

Court

7 Jan 2009

BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS

Citation

BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS
Court

Court of First Instance
Case number

HCCW52/2006

Routing company receipts and payments through the personal bank account of a principal shareholder and later through a related‑party company earning commission, without consulting the other major shareholders or seeking court approval, gave rise to an objectively reasonable perception of bias and loss of confidence in the provisional liquidators; the detrimental impact of removal did not outweigh these justified grounds, so the provisional liquidators were removed and replacement liquidators appointed.
27 Mar 2007

WU IH CHEN AND OTHERS v. TA TANG SILICONE RUBBER INDUSTRIAL CO LTD

Citation

WU IH CHEN AND OTHERS v. TA TANG SILICONE RUBBER INDUSTRIAL CO LTD
Court

Court of First Instance
Case number

HCMP448/2007

The court found the omissions were inadvertent and not wilful, there was no demonstrated prejudice to shareholders, most shareholders had knowledge of the financial position and had consented, and the statutory remedies under ss.111(2) and 122(1B) were available; therefore the court exercised its discretion to grant the applications to regularise the failures to hold AGMs and to lay accounts.
21 Nov 1985

RE SUM CHUN HIGH QUALITY SHOES FACTORY LTD.

Citation

RE SUM CHUN HIGH QUALITY SHOES FACTORY LTD.
Court

Court of First Instance
Case number

HCMP92/1985

Allegations of misfeasance cannot be left unparticularised and inferred from affidavit material; where such allegations are made the Official Receiver must either commence formal proceedings (eg under s.276) or withdraw the allegations before the Court will determine the basis of remuneration. The assessment of remuneration cannot properly proceed while unresolved serious allegations remain outstanding; if the Official Receiver neither issues proceedings nor withdraws the allegations he is barred from raising them at the adjourned hearing.

Hong Kong Case Law

BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS

WU IH CHEN AND OTHERS v. TA TANG SILICONE RUBBER INDUSTRIAL CO LTD

RE SUM CHUN HIGH QUALITY SHOES FACTORY LTD.