Hong Kong Case Law: Decisions & Judgments

Topic

Registration of shareholder

Legal area

Court

28 Jun 2023

WONG PUI YIN GEORGEANNA (as the administratrix of the estate of WONG CECILIA PUI LUEN, deceased) v. HIROSHI TECHNOLOGIES LTD

Citation

[2023] HKCFI 1663
Court

Court of First Instance
Case number

HCMP800/2022

The court dismissed the intervener’s application to stay the originating summonses and granted the administratrix’s orders to register her as shareholder and to convene general meetings to reconstitute the boards because the intervener failed to show sufficient basis to leave the companies without functioning boards, his proprietary claim was at an early stage and inadequately evidenced, and the public and statutory interest in lawful company governance prevailed; the plaintiff’s undertakings limited risk pending final resolution.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (KOWLOON COMMERCIAL) LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2017/2009

The court treated the central issue as the ownership of the deceased's shares — specifically whether a donatio mortis causa to Ms Lo occurred — and concluded that resolution of that issue in the Probate Action is necessary before the plaintiff can be registered as shareholder or obtain an account of dividends; accordingly the civil actions should be and were stayed pending determination of the probate proceedings.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE I REALTY LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2011/2009

The court stayed the further proceedings in the actions because the central issue of legal title to the deceased's shares was the subject of the separate probate action; the proper course is to determine the probate claim to establish ownership before ordering registration or an account in the related actions.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE AUCTIONEERS LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2012/2009

The court stayed the subsidiary company actions pending determination of the Probate Action because the Probate Action directly raises the primary question of legal and beneficial ownership of the deceased's shares; resolution of that question is determinative of the plaintiff's claims for registration and for an account of dividends and therefore a stay is appropriate.

Hong Kong Case Law

WONG PUI YIN GEORGEANNA (as the administratrix of the estate of WONG CECILIA PUI LUEN, deceased) v. HIROSHI TECHNOLOGIES LTD

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (KOWLOON COMMERCIAL) LTD

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE I REALTY LTD

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE AUCTIONEERS LTD