Hong Kong Case Law: Decisions & Judgments

Topic

Manager remuneration

Legal area

Court

14 Dec 2016

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

Citation

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS
Court

Court of First Instance
Case number

HCMP1528/2013

The Majority Shareholders engaged in unfairly prejudicial conduct by breaching the Shareholders' Agreement — notably by blocking Non‑Core land sales that should have led to repayment of shareholder loans and by removing the Managers (including petitioner) without unanimous consent and without compensation — entitling the petitioner to relief under s.168A; the appropriate remedies are an order requiring the Majority Shareholders to buy out the petitioner's shares at a court‑fixed valuation (with assumptions specified) and an order for payment of manager remuneration/bonus as if the petitioner…
24 Jun 2003

GALLIUM DEVELOPMENT LTD AND OTHERS v. WINNING PROPERTIES MANAGEMENT LTD AND ANOTHER

Citation

GALLIUM DEVELOPMENT LTD AND OTHERS v. WINNING PROPERTIES MANAGEMENT LTD AND ANOTHER
Court

Lands Tribunal
Case number

LDBM121/2000

Basement-floor conversion claims were excluded for being a departure from pleadings; written resolutions of the majority owner did not satisfy the statutory requirement for owners committee approval under s.34I of Cap.344, so conversions altering common areas on the 1st–3rd floors were not authorised by statute or properly by the DMC and are invalid; the applicants' expert evidence established that common areas were reduced/increased but was insufficiently precise to quantify exact amounts; there was no reliable evidence to displace the audited accounts or to show wilful negligence or overcha…
19 Jan 2000

BRIDGEWATER MANAGEMENT LTD. v. THE INCORPORATED OWNERS OF BRAEMAR HILL MANSIONS

Citation

BRIDGEWATER MANAGEMENT LTD. v. THE INCORPORATED OWNERS OF BRAEMAR HILL MANSIONS
Court

Court of First Instance
Case number

HCA8069/1999

Where a defendant advances a positive pleaded case that certain expenses were unnecessary, not pursuant to the DMC/Agreement, or lacked prior approval, the defendant must provide particulars identifying the years, the items and the facts and circumstances relied on; the appeal against the master's order for such particulars is therefore dismissed except where the defendant has already pleaded that the items fall within manager remuneration (Requests Nos.15 and 16).

Hong Kong Case Law

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

GALLIUM DEVELOPMENT LTD AND OTHERS v. WINNING PROPERTIES MANAGEMENT LTD AND ANOTHER

BRIDGEWATER MANAGEMENT LTD. v. THE INCORPORATED OWNERS OF BRAEMAR HILL MANSIONS