Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Regularisation of irregularities
  • 16 Nov 2007

    TSE CHIU KWAN AND ANOTHER v. ARTINI INTERNATIONAL CO LTD

    Citation
    TSE CHIU KWAN AND ANOTHER v. ARTINI INTERNATIONAL CO LTD
    Court
    Court of First Instance
    Case number
    HCMP2065/2007

    The court exercised its discretion under section 122(1B) to substitute the AGM laying requirement and permit accounts to be laid beyond nine months because the breaches were bona fide, caused by reliance on professional advisers and restructuring, the companies were wholly owned so no shareholder prejudice, accounts were ultimately laid and corrective measures (new auditors) were taken; accordingly the originating summonses were granted to regularise the irregularities.