Hong Kong Case Law: Decisions & Judgments

Topic

Minority oppression

Legal area

Court

14 Sept 2022

THE INCORPORATED OWNERS OF GOUGH PLAZA v. STANDARD FINE LTD

Citation

[2022] HKDC 982
Court

District Court
Case number

DCMP1674/2021

The court held that the DMC imposes a binding contractual obligation on owners to pay contributions approved by owners' resolutions and that alleged deficiencies in disclosure or absence of audited accounts do not excuse payment; defendants should have applied to the court under Schedule 6 para 1B for inspection if they genuinely sought documents; therefore judgment for the Incorporated Owners is warranted and enforcement of the registered charges is granted.
31 Jan 2013

LU JUN v. YU QI AND OTHERS

Citation

LU JUN v. YU QI AND OTHERS
Court

Court of First Instance
Case number

HCCW282/2010

Court accepted petitioner was the beneficial owner of the 15 shares, rejected respondent evidence and explanations (including the payment instruction and embezzlement allegation), found the majority shareholder conducted the company's affairs in a manner unfairly prejudicial to petitioner (wrongful exclusion from management, engineered dilution attempts and attempted dissipation of assets), and therefore had jurisdiction under s.168A to order a buy‑out; accordingly a buy‑out order nisi was made against the 1st and 3rd respondents with valuation and precise terms to be fixed at a further heari…
5 Aug 2005

THE GRANDE PROPERTIES MANAGEMENT LTD v. SUN WAH ORNAMENT MANUFACTORY LTD

Citation

THE GRANDE PROPERTIES MANAGEMENT LTD v. SUN WAH ORNAMENT MANUFACTORY LTD
Court

Court of Appeal
Case number

CACV316/2004

The Court upheld the trial judge: the 2001 resolutions could not lawfully impose liability on the defendant for costs of works that were unauthorised at the time they were carried out; resolutions cannot be used to retrospectively validate unauthorised works in a manner that violates the DMC and owners' rights, and the plaintiff's claim based on those resolutions fails; appeal dismissed.
23 Jun 2004

THE GRANDE PROPERTIES MANAGEMENT LTD v. SUN WAH ORNAMENT MANUFACTORY LTD

Citation

THE GRANDE PROPERTIES MANAGEMENT LTD v. SUN WAH ORNAMENT MANUFACTORY LTD
Court

Court of First Instance
Case number

HCA5207/2001

The 1997 notice failed to specify the intention to propose and pass the substantial renovation resolution and the omission was not shown to be accidental or non-prejudicial; resolutions purporting to validate prior unauthorised works are retrospective and void; accordingly the 1997 and 2001 resolutions were ineffective and the Plaintiff's claims based on them fail; some repair works fell within manager's power but the pleaded claims were dismissed.
31 Oct 2002

KONHILL INTERNATIONAL LTD. v. DAI PAI DONG RETAIL SHOPS CO. LTD. AND OTHERS

Citation

KONHILL INTERNATIONAL LTD. v. DAI PAI DONG RETAIL SHOPS CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCMP2446/2002

Because the company had admitted the $400,000 debt by resolution, was able to pay, and related parties continued to receive financial benefit and access to company funds (creating unfairness to the petitioner), the court was justified in granting a mandatory interlocutory order requiring immediate payment of the admitted management fees with interest.
5 Jun 1991

DEACON TE-KEN CHIU v. RONALD LI-KAI CHU AND OTHERS

Citation

DEACON TE-KEN CHIU v. RONALD LI-KAI CHU AND OTHERS
Court

Court of Appeal
Case number

CACV24/1991

The Court held the respondents' letters did not constitute an unambiguous, balanced and enforceable fair offer sufficient to render continuation of the petition an abuse of process; the petitioner had an arguable case of unfairly prejudicial conduct and the judge below was wrong to strike the petition out, so the appeal was dismissed and the petition will be allowed to proceed.

Hong Kong Case Law

THE INCORPORATED OWNERS OF GOUGH PLAZA v. STANDARD FINE LTD

LU JUN v. YU QI AND OTHERS

THE GRANDE PROPERTIES MANAGEMENT LTD v. SUN WAH ORNAMENT MANUFACTORY LTD

THE GRANDE PROPERTIES MANAGEMENT LTD v. SUN WAH ORNAMENT MANUFACTORY LTD

KONHILL INTERNATIONAL LTD. v. DAI PAI DONG RETAIL SHOPS CO. LTD. AND OTHERS

DEACON TE-KEN CHIU v. RONALD LI-KAI CHU AND OTHERS