Hong Kong Case Law: Decisions & Judgments

Topic

Requisition of general meeting

Legal area

Court

3 May 2006

CHAU TZE ON v. WONG SHING BIU AND ANOTHER

Citation

CHAU TZE ON v. WONG SHING BIU AND ANOTHER
Court

Court of Appeal
Case number

CACV352/2005

The appeal was allowed because the judge erred in granting fundamentally different relief from that pleaded without adequate notice and opportunity for the 1st respondent to obtain legal advice, and without joining the management committee members; those procedural irregularities vitiated the orders dissolving the committee and appointing an administrator, requiring the orders to be quashed and a properly convened meeting directed.
9 May 1984

RE AIR-LANTIC INTERNATIONAL FREIGHT SYSTEM LTD

Citation

RE AIR-LANTIC INTERNATIONAL FREIGHT SYSTEM LTD
Court

Court of First Instance
Case number

HCMP1165/1984

The court refused to make the immediate order because a requisitioned meeting had been convened and there were disputed facts and no affidavit from the defendant; therefore the appropriate course was to adjourn the application to allow the defendant to file affidavit evidence, permit replies, and order mutual discovery before deciding on relief.
27 Jul 1971

RE THE WINSOME PRINTING PRESS LTD

Citation

RE THE WINSOME PRINTING PRESS LTD
Court

Court of First Instance
Case number

HCCW10/1971

The petition was dismissed because the court found no deadlock: the respondent had requisitioned and could compel a general meeting and the petitioners could not rely on their own refusal to attend; the alleged lack of confidence was not sufficiently pleaded or proved, key factual disputes (including bona fides of any removal and ownership of assets) could not be resolved without cross-examination, and the petitioners therefore failed to establish the just and equitable ground for winding-up.

Hong Kong Case Law

CHAU TZE ON v. WONG SHING BIU AND ANOTHER

RE AIR-LANTIC INTERNATIONAL FREIGHT SYSTEM LTD

RE THE WINSOME PRINTING PRESS LTD