Hong Kong Case Law: Decisions & Judgments

Topic

Leave to bring proceedings

Legal area

Court

7 Sept 2018

CHEN HA PING HEPBURN also known as CHEN HA PING CHEN TING HOI also known as CHEN HOI AND ANOTHER v. CHEN TING SAN DANIEL also known as CHEN TING SAN and DANIEL CHEN AND OTHERS

Citation

[2018] HKCFI 2289
Court

Court of First Instance
Case number

HCMP86/2018

The court granted leave because the proposed alternative claim constituted a bona fide cause of action, satisfied the low threshold of a serious question to be tried and was not demurrable or plainly without substance; potential conflicts of interest were not a bar because all interested parties would be before the court and there was no material disadvantage to the company, so it was in the company's interests to grant leave.
31 Jan 2018

TANG SIU CHOI v. MAN LUNG TEXTILES LTD AND ANOTHER

Citation

[2018] HKCFI 125
Court

Court of First Instance
Case number

HCMP1351/2017

On the face of the application the allegations disclose serious questions to be tried and, in the absence of an independent bona fide board decision not to sue, it is prima facie in the company's interests to grant leave; accordingly leave was granted for the applicant to bring the proposed statutory derivative action on behalf of Man Lung and the applicant's costs of the leave application were ordered to be borne by the respondent Tam (order nisi); determination of indemnity of future derivative-action costs from company assets was deferred.
2 Nov 2017

LAM KIN CHUNG v. SOKA GAKKAI INTERNATIONAL OF HONG KONG LTD

Citation

LAM KIN CHUNG v. SOKA GAKKAI INTERNATIONAL OF HONG KONG LTD
Court

Court of First Instance
Case number

HCMP1002/2017

A member of a charitable company limited by guarantee has sufficient and distinct interest to apply for leave under section 733; statutory criteria control locus and do not require demonstration of personal economic loss; the Secretary for Justice's parens patriae power does not categorically bar member derivative actions though charity status is a relevant discretionary consideration.
28 Jan 2016

ASHOK KODUMAL HEMNANI v. PRIMLAKS (HK) LTD

Citation

ASHOK KODUMAL HEMNANI v. PRIMLAKS (HK) LTD
Court

Court of First Instance
Case number

HCMP1789/2015

The court granted leave under s.733 because on the face of the application the Applicant demonstrated a serious question to be tried with some prospect of success and it appeared prima facie to be in the company's interests to pursue the claims; there was no evidence that the board had considered the matters (board deadlock) and allegations challenging the existence of facts and evidence were insufficient to defeat the low threshold for leave.
31 Aug 2015

WU MEI SAM v. THE PUI YING MIDDLE SCHOOL OF HONG KONG

Citation

WU MEI SAM v. THE PUI YING MIDDLE SCHOOL OF HONG KONG
Court

Court of First Instance
Case number

HCMP1122/2015

Application for leave dismissed because plaintiff failed to demonstrate a serious question to be tried or that it was in the company's interests to bring the proceedings: the membership/disqualification claim was misconceived, renovation conduct did not show loss to the company, and the occupation claim lacked merit; costs awarded to the company with a costs nisi for indemnity basis.
5 Sept 2011

LEE LEUNG NANG STEWART AND OTHERS v. LI CHUNG SHING TONG (HOLDINGS) LTD

Citation

LEE LEUNG NANG STEWART AND OTHERS v. LI CHUNG SHING TONG (HOLDINGS) LTD
Court

Court of First Instance
Case number

HCMP1516/2010

The court granted leave under s168BC because plaintiffs had served notice, established prima facie that proceedings were in the company's interest and disclosed serious questions to be tried given evidence of contamination and outsourcing failures implicating senior management and a director; the application to appoint an independent professional accountant under s168BG was refused because existing investigations and available material were, on the facts, sufficient and appointment was not necessary; plaintiffs' costs of the leave application were ordered to be paid by the company while indem…
1 Jun 2007

CHEUNG KAM WAH v. KAMMY TOWN LTD

Citation

CHEUNG KAM WAH v. KAMMY TOWN LTD
Court

Court of First Instance
Case number

HCMP874/2007

The court was satisfied on the evidence and draft pleading that there was a serious question to be tried whether the Property was held on trust for the Company and that it was prima facie in the Company's interest to bring proceedings; accordingly leave under section 168BC was granted, the earlier application to abridge the notice under section 168BD was upheld, and costs of the application were ordered to be indemnified by the Company with liberty to apply regarding future costs.
1 Jun 2001

Tsui Lai Lan Lorna v. Hospital Authority

Citation

Tsui Lai Lan Lorna v. Hospital Authority
Court

District Court
Case number

DCEC261/2001

The judge accepted the applicant's credible evidence that influenza prevented timely attendance and held that this constituted a reasonable excuse for a four day delay; exercising the court's discretion, leave was granted to bring the application despite the expired limitation period, with proceedings adjourned sine die and costs and legal aid taxation ordered accordingly.