Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Rule 33

Legal area

Court

18 Mar 2002

Re Precast Piling and Engineering Co. Ltd.

Citation

Re Precast Piling and Engineering Co. Ltd.
Court

Court of First Instance
Case number

HCCW1220/2001

Substitution was allowed because the applicant produced a judgment debt demonstrating a right to present a petition and was desirous to prosecute; the absence of a statutory demand is not fatal in the winding-up jurisdiction; where a company merely asserts a dispute without evidence substitution should be granted with directions to file evidence, but if the company adduces evidence of a bona fide dispute the court must decide that first.
5 Sept 1988

AMOY PROPERTIES LIMITED v. THE COMMITTEE ON TAKEOVERS AND OTHERS

Citation

AMOY PROPERTIES LIMITED v. THE COMMITTEE ON TAKEOVERS AND OTHERS
Court

Court of First Instance
Case number

HCMP1054/1988

The Court held the Takeovers Committee correctly interpreted the Code to require a comparable offer across share classes; the Committee was entitled to determine what constituted a comparable offer on the evidence including market premiums; there was no demonstrated bias or procedural unfairness and no obligation to give written reasons in the circumstances; the Committee's decision was not irrational or Wednesbury unreasonable, so judicial review relief was refused.