Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pre‑incorporation contract ratification (s.32a co)
  • 14 Sept 2004

    POON YEE KAN ANDREA ELEANOR v. NEW PARADIGM e-TECHNOLOGY LTD

    Citation
    POON YEE KAN ANDREA ELEANOR v. NEW PARADIGM e-TECHNOLOGY LTD
    Court
    Court of First Instance
    Case number
    HCMP3682/2003

    The court found on the evidence that an oral option was granted to Ms Poon and, by ratification under CO s.32A and the parties’ conduct, the option is deemed granted from 1 November 1999; Ms Poon validly exercised the option in May 2002 and equity requires specific performance—New Paradigm must validate the 14 May 2002 allotment of 48,174 shares and deliver a share certificate; the application to rectify the Register is dismissed.

    • Share option agreement
    • Specific performance
    • Rectification of register of members
    • Pre‑incorporation contract ratification (s.32a co)
    • Enforceability of oral agreements