25 Aug 2021
RE LEE YANG, SHIU CHUEN JOYCE
- Citation
- [2021] HKCFI 2468
- Court
- Court of First Instance
- Case number
- HCMP1054/2021
The court found that the statutory preconditions of section 52(1)(b)(iii) were met (the shares were held on trust and the trustee corporations had been dissolved) and, notwithstanding procedural irregularities (failure to join the BVI Attorney General and commencing ex parte without leave to serve out of jurisdiction), the court exercised its discretion under the Rules to waive those irregularities and grant a vesting order vesting the right to transfer the shares and to receive accrued dividends in the Applicant, subject to limiting the decision to the facts of the case.