Hong Kong Case Law: Decisions & Judgments

Topic

Shareholder oppression

Legal area

Court

30 Apr 2019

LAI CHI KEUNG v. WANG ZHIHUA AND ANOTHER

Citation

[2019] HKCFI 1101
Court

Court of First Instance
Case number

HCCW186/2013

The court found that the majority's conduct, including improper allotments, backdated appointments and coercive procurement of signatures, constituted unfairly prejudicial conduct warranting just and equitable relief under ss168A and 177(1)(f) of the Companies Ordinance; the court must determine the merits before making any buy‑out order and may proceed without setting aside prior consent orders where appropriate.
17 Aug 2015

ZHI CHARLES v. KIM YOUNG JUN AND OTHERS

Citation

ZHI CHARLES v. KIM YOUNG JUN AND OTHERS
Court

Court of First Instance
Case number

HCA1821/2015

The summons for an interim injunction was dismissed because the plaintiff failed to demonstrate a high likelihood of success on the core allegations (invalidity of the Third Convertible Notes and fraudulent audit reports) and the balance of convenience favoured allowing the AGM to proceed given the company's statutory need to hold meetings, absence of compelling admissible evidence or expert proof and the compensable nature of the plaintiff's alleged loss by damages.
18 Mar 2015

PEVONIA INTERNATIONAL LLC v. PEVONIA ASIA LTD

Citation

PEVONIA INTERNATIONAL LLC v. PEVONIA ASIA LTD
Court

Court of Appeal
Case number

CACV235/2014

The Court of Appeal held the judge had not formed any adverse findings against the petitioners' controllers nor intended the costs order as punishment; absent such a discrete and expressed reason the normal rule that costs follow the event applies, and the unsuccessful contributory (Cheung) must pay the costs of contesting the winding-up petition; accordingly the judge's costs order miscarried and was set aside.
3 Jun 2003

LAI YUET CHUN v. SUPER DELUXE INTERNATIONAL LTD AND OTHERS

Citation

LAI YUET CHUN v. SUPER DELUXE INTERNATIONAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW186/2001

The respondents failed to show a plain and obvious case to strike out or stay the petition because their offers were not plainly reasonable (deficiencies in equality of arms, treatment of shareholder loans, valuation basis and costs), the winding-up prayer could not be struck out as plainly unreasonable, the petitioner's specific discovery was relevant, and on the merits the petitioner established wrongful exclusion of Mr Ng from management entitling her to relief under section 168A/just and equitable grounds; accordingly the 2nd to 4th respondents must pay the petitioner's costs for the stri…
12 Aug 1987

RE SAFE STEEL FURNITURE FACTORY LTD

Citation

RE SAFE STEEL FURNITURE FACTORY LTD
Court

Court of First Instance
Case number

HCCW319/1986

The petitioner proved a breakdown of mutual trust amounting to conduct unfairly prejudicial to his interests; although this established just and equitable grounds for winding-up, both companies were solvent and trading so the appropriate remedy is relief under s.168A rather than winding-up; an expert valuation of company assets and the petitioner’s interest must be undertaken to determine the purchase/other orders under s.168A.

Hong Kong Case Law

LAI CHI KEUNG v. WANG ZHIHUA AND ANOTHER

ZHI CHARLES v. KIM YOUNG JUN AND OTHERS

PEVONIA INTERNATIONAL LLC v. PEVONIA ASIA LTD

LAI YUET CHUN v. SUPER DELUXE INTERNATIONAL LTD AND OTHERS

RE SAFE STEEL FURNITURE FACTORY LTD