Hong Kong Case Law: Decisions & Judgments

Topic

Section 168a companies ordinance

Legal area

Court

14 Nov 2017

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

Citation

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS
Court

Court of First Instance
Case number

HCMP1527/2013

The Companies' summons of 12 September 2017 was premature because between 18 August and 12 September 2017 it was at least arguable that the court-appointed valuer's process, including supplemental reports, was not complete; accordingly the court exercised its discretion and ordered no costs as to the Companies' summons prior to 12 September 2017. The consent agreement that costs after 12 September 2017 be payable by the Petitioner to the Companies stands and the amended inter partes summons refiled 26 October 2017 is partly dismissed with specified no order as to costs.
14 Nov 2017

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

Citation

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS
Court

Court of First Instance
Case number

HCMP1528/2013

Because the valuer's question and answer session was not completed until 15 August 2017 and it was at least arguable between 18 August and 12 September 2017 that the court-appointed valuation process was not complete, the Companies' summons dated 12 September 2017 was premature; therefore no order as to costs for the costs incurred before 12 September 2017 and specified orders on the amended summons filed 26 October 2017 follow.
14 Nov 2017

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

Citation

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS
Court

Court of First Instance
Case number

HCMP1526/2013

The Companies' summons of 12 September 2017 was premature because the court-appointed Valuer's Q&A session and the possibility of supplemental reports meant the valuation process was arguably incomplete; therefore there is no order as to costs for the period before 12 September 2017, and specified relief on the amended inter partes summons was dismissed or left without order as detailed.
13 Nov 2017

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND ANOTHER

Citation

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND ANOTHER
Court

Court of First Instance
Case number

HCMP1527/2013

Adjournment of the Majority Shareholders' summons was necessary because they failed to file any supporting evidence explaining the nature of the Valuer's appointment and the basis for adducing the Cullen report; without that evidence the court could not fairly assess leave to adduce further expert evidence despite a substantial asserted valuation discrepancy. The petitioner's application for a supplemental Valuer report was dismissed because the Valuer had already addressed development potential in the final report and the petitioner's disagreement with the Valuer's opinion did not establish…
15 Sept 2017

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS

Citation

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS
Court

Court of First Instance
Case number

HCMP1685/2009

Pre-trial valuation applications were dismissed as premature and not justified given respondents' objections and the likelihood the parties could undertake desktop valuations; amendment applications were refused because the alleged accounting liabilities were time-barred and, critically, the complainant had approved audited accounts which recorded the contested entries, so no basis was shown for unfair prejudice attributable to the respondents.
13 Apr 2017

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS

Citation

DENNIS KWOK HON MING v. POON SUI CHEONG ALBERT AND OTHERS
Court

Court of First Instance
Case number

HCMP1526/2013

The interim stay application was refused because the established Star Play stay principles apply to interim stays, the Majority Shareholders failed to demonstrate good reason or that their proposed Court of Appeal application had appreciably better prospects (no material new evidence shown), and they did not show the appeal would be rendered nugatory without a stay; accordingly valuation must proceed and the interim stay was dismissed with costs to the petitioner and the costs of the earlier leave and stay summons to be taxed on a common fund basis.
15 Aug 2014

KAM LEUNG SUI KWAN, PERSONAL REPRESENTATIVE OF THE ESTATE OF KAM KWAN SING,THE DECEASED v. KAM KWAN LAI AND OTHERS

Citation

KAM LEUNG SUI KWAN, PERSONAL REPRESENTATIVE OF THE ESTATE OF KAM KWAN SING,THE DECEASED v. KAM KWAN LAI AND OTHERS
Court

Court of Appeal
Case number

CACV266/2012

Leave to appeal to the Court of Final Appeal was refused. The Court held the principle of separate legal personality remains engaged and the activities of subsidiaries or sub-subsidiaries cannot be attributed to the parent BVI company to establish sufficient connection with Hong Kong for jurisdiction under s327(3)(c); the questions raised were either not reasonably arguable or academic and no exceptional circumstances justified leave.
27 Feb 2014

CHINA ENERGY UTILIZATION LTD v. CHINA PEOPLE (HONG KONG) LTD

Citation

CHINA ENERGY UTILIZATION LTD v. CHINA PEOPLE (HONG KONG) LTD
Court

Court of First Instance
Case number

HCCW188/2013

The court refused to strike out the petitions in their entirety because it was not plain and obvious on the evidence before the court that the petitions could not succeed; however the court struck out the alternative prayers for winding-up because no facts were identified to justify a winding-up order when relief under s.168A could provide appropriate alternative orders, and ordered costs accordingly.
7 Jan 2014

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS

Citation

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS
Court

Court of First Instance
Case number

HCMP2696/2013

Leave to appeal was refused because the strike-out application lacked a reasonable prospect of success: the plaintiff had pleaded an equitable proprietary interest in the shares entitling an account and fair value remedy; damages and indemnity claims were not plainly unsupportable; the application was opportunistic and without merit, warranting indemnity costs and procedural restrictions.
2 Aug 2013

LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS

Citation

LUCK CONTINENT LTD v. CHENG CHEE TOCK THEODORE AND OTHERS
Court

Court of Appeal
Case number

CACV107/2012

The Court of Appeal held the appeal should be dismissed: the blocking of the amendment to the bye-law constituted conduct of the companys affairs for the purposes of s168A; where a listed company has agreed with the Exchange to comply with Listing Rules such agreement can form part of the common understanding on which shareholders acquired shares and thus can give rise to equitable constraints on the exercise of strict legal rights if breach jeopardises the listing (as here, causing suspension). On the facts the Judge was entitled to find unfair prejudice and to order amendment of Bye-law 86(…