Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ratification by general meeting

Legal area

Court

20 Oct 2006

THE INCORPORATED OWNERS OF SWISS TOWERS v. CHOW YUM WAH

Citation

THE INCORPORATED OWNERS OF SWISS TOWERS v. CHOW YUM WAH
Court

Court of Appeal
Case number

CACV122/2006

The appeal was dismissed because the payment was not authorized at a general meeting as required by s18(2)(aa), and s18(2)(g) does not extend to charitable donations unrelated to the management and maintenance of the building, so the management committee had no power to effect the payment once the owners disapproved.
17 Jul 1970

LEE WAI TONG AND OTHERS v. PAUI WONG SHEK WAH AND OTHERS

Citation

LEE WAI TONG AND OTHERS v. PAUI WONG SHEK WAH AND OTHERS
Court

Court of First Instance
Case number

HCA274/1970

The claim by the minority plaintiffs disclosed no reasonable cause of action because the alleged wrong was one to the association which had validly discussed and ratified the contract at a properly convened extraordinary general meeting and thereafter by the new executive committee; disclosure by the chairman was sufficient; no fraud or ultra vires conduct was pleaded; consequently the statement of claim was an abuse of process and was struck out under Order 18 r.19 and the court’s inherent jurisdiction.