Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sale of charged shares
  • 30 Jun 2021

    LI YONG MING v. CHEN JIAN MING

    Citation
    [2021] HKCFI 1893
    Court
    Court of First Instance
    Case number
    HCA1981/2019

    The Loan Extension Agreement, read with its recitals and Clause 4(a), manifested an intention to create an equitable charge over 5,700,000 Superb Summit shares and dividends in favour of the plaintiff; the defendant defaulted and failed to defend; accordingly the plaintiff is entitled to a money judgment for the sums due and to enforcement relief including delivery and transfer of share certificates, a court-ordered power to procure/execute transfers (including appointment under s25A Cap 4 if defendant fails to comply), and sale of the charged shares at a reserve price supported by unconteste…