Hong Kong Case Law: Decisions & Judgments

Topic

Registered office

Legal area

Court

13 Mar 2024

WONG YAN YAN AND ANOTHER v. HUI MAN FAN CINDY aka HUI MIU AND OTHERS

Citation

[2024] HKDC 424
Court

District Court
Case number

DCCJ778/2021

The Default Judgment was set aside because the change of the company's registered office only became effective upon filing Form NR1 on 1 March 2021, and the writ served by ordinary post on 24 February 2021 was properly treated as deemed served seven days after posting (5 March 2021) meaning service was after the effective change and therefore irregular; additionally, even if service were regular the 3rd defendant demonstrated a real prospect of success on the merits. Despite inordinate delay and notice issues, the balance favoured setting aside the Default Judgment but no costs were awarded o…
12 Sept 2018

CHAN MAN HING v. DONG WAI BA FONG LOGISTICS COMPANY LTD

Citation

[2018] HKDC 1144
Court

District Court
Case number

DCEC363/2018

Sending the documents by post to the registered office and inserting them into the registered office letter-box constituted valid service under Companies Ordinance s 827; accordingly no substituted service order under Order 65 r 4 was necessary, but the court granted retrospective leave under Order 65 r 5(1)(d) and declared the documents duly served on 2 May 2018.
31 Aug 2015

HO MAN YUEN v. THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS

Citation

HO MAN YUEN v. THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS
Court

District Court
Case number

DCCJ2116/2015

Default judgment was refused. The court held there was no proper service because the documents were sent to an address described as "Ground Floor Address" which was not the defendant's registered office for service purposes; alternatively, even if service had been proper, the plaintiff's claims were imperfectly pleaded and the disputed land was insufficiently identified, and multiple substantive issues (adverse possession identification, conditional easement claim, and related trespass claim) made default judgment inappropriate. The defendant was granted leave to file a defence and countercla…
25 Apr 2003

RATONAL INDUSTRIAL LTD AND OTHERS v. WAN KIN CHUNG DANIEL AND OTHERS

Citation

RATONAL INDUSTRIAL LTD AND OTHERS v. WAN KIN CHUNG DANIEL AND OTHERS
Court

Court of First Instance
Case number

HCA3705/2002

The interlocutory injunction was refused because, although there was a serious question to be tried, the balance of convenience favoured the defendants: the appointments were a lawful exercise of shareholder power at a general meeting, plaintiffs delayed and engaged in conduct (forfeiture, diversion of business) that undermined their position, there was no cogent evidence of irreparable harm from transfers which remained within the group, and the videotape and books did not justify injunctive relief.
30 May 1990

HONG KONG INTERNATIONAL TERMINALS LTD v. FULL HOUSE CONSTRUCTION AND ENGINEERING CO LTD

Citation

HONG KONG INTERNATIONAL TERMINALS LTD v. FULL HOUSE CONSTRUCTION AND ENGINEERING CO LTD
Court

Court of First Instance
Case number

HCA2412/1990

The appeal is allowed and the default judgment is set aside because the defendant demonstrated reasonable prospects of success; the court emphasised that s.92(2) imposes an obligation on the Registrar to record changes of registered office promptly and that failure to do so can prejudice parties and justify relief in appropriate cases.

Hong Kong Case Law

WONG YAN YAN AND ANOTHER v. HUI MAN FAN CINDY aka HUI MIU AND OTHERS

CHAN MAN HING v. DONG WAI BA FONG LOGISTICS COMPANY LTD

HO MAN YUEN v. THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS

RATONAL INDUSTRIAL LTD AND OTHERS v. WAN KIN CHUNG DANIEL AND OTHERS

HONG KONG INTERNATIONAL TERMINALS LTD v. FULL HOUSE CONSTRUCTION AND ENGINEERING CO LTD