Hong Kong Case Law: Decisions & Judgments

Topic

Rule in foss v harbottle

Legal area

Court

17 Sept 2021

ZPMC OFFSHORE SERVICE CO LTD (Formerly known as SHANGHAI ZHENHUA HEAVY INDUSTRIES SHIPPING CO LTD) v. PHILIP JEFFREY ADKINS AND OTHERS

Citation

[2021] HKCFI 2660
Court

Court of First Instance
Case number

HCMP426/2017

The originating summons (HCMP 426/2017) failed to disclose a cause of action under Division 3 because it did not plead the specific fiduciary breaches relied on nor how ZPMC’s interests qua member were affected; accordingly HCMP 426/2017 is struck out and the interim Order discharged. Given that finding and the age, limited utility and largely technical character of the alleged breaches, leave for committal was set aside and the contempt originating summons dismissed as disproportionate and an abuse of process.
4 Oct 2016

TAM WING YUEN AND ANOTHER v. SIBERIAN MINING GROUP CO LTD AND OTHERS

Citation

TAM WING YUEN AND ANOTHER v. SIBERIAN MINING GROUP CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2694/2015

The plaintiffs' claims are in substance derivative; they failed to establish a prima facie case that the Company would be likely to succeed in setting aside CN3 (the HASS report satisfied clause 4.4 and corroborating evidence existed), no applicable exception to Foss v Harbottle was made out, and no Cayman leave had been obtained; accordingly the statement of claim is struck out as against the SMG defendants and dismissed.
8 Feb 2005

BANK OF COMMUNICATIONS v. AU WAI MING

Citation

BANK OF COMMUNICATIONS v. AU WAI MING
Court

Court of First Instance
Case number

HCB4016/2004

The court found the debtor's asserted disputes and cross‑claims were not bona fide on substantial grounds and were unsubstantiated and unbelievable on the evidence; the alleged global settlement was not evidenced in writing and payments were applied to costs and the judgment debt; the cross‑claim was unsupported and any company claim would accrue to the company. Therefore the petition succeeded and the debtor was adjudged bankrupt with an order nisi for costs.
17 Jul 1970

LEE WAI TONG AND OTHERS v. PAUI WONG SHEK WAH AND OTHERS

Citation

LEE WAI TONG AND OTHERS v. PAUI WONG SHEK WAH AND OTHERS
Court

Court of First Instance
Case number

HCA274/1970

The claim by the minority plaintiffs disclosed no reasonable cause of action because the alleged wrong was one to the association which had validly discussed and ratified the contract at a properly convened extraordinary general meeting and thereafter by the new executive committee; disclosure by the chairman was sufficient; no fraud or ultra vires conduct was pleaded; consequently the statement of claim was an abuse of process and was struck out under Order 18 r.19 and the court’s inherent jurisdiction.

Hong Kong Case Law

ZPMC OFFSHORE SERVICE CO LTD (Formerly known as SHANGHAI ZHENHUA HEAVY INDUSTRIES SHIPPING CO LTD) v. PHILIP JEFFREY ADKINS AND OTHERS

TAM WING YUEN AND ANOTHER v. SIBERIAN MINING GROUP CO LTD AND OTHERS

BANK OF COMMUNICATIONS v. AU WAI MING

LEE WAI TONG AND OTHERS v. PAUI WONG SHEK WAH AND OTHERS