Hong Kong Case Law: Decisions & Judgments

Topic

Shareholder resolutions

Legal area

Court

6 Apr 2017

LAM HON KEUNG KEITH v. GENERAL TARGET DEVELOPMENT LTD AND OTHERS

Citation

LAM HON KEUNG KEITH v. GENERAL TARGET DEVELOPMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP183/2016

Even accepting the plaintiff's factual assertions for strike-out purposes, the resolutions were passed by persons holding sufficient votes to convene meetings and determine the outcome; the plaintiff disavowed reliance on defective service of notices and therefore the irregularity principle applies, making the plaintiff's case unsustainable and liable to be struck out.
6 Apr 2017

LAM HON KEUNG KEITH v. DALNY ESTATES LTD AND OTHERS

Citation

LAM HON KEUNG KEITH v. DALNY ESTATES LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP182/2016

Even if no substantive meeting convened and the minutes were a fiction, because Anthony and Genius Villa possessed the votes to convene meetings and pass the resolutions, the irregularity principle applies and the Plaintiff's narrower complaint (that no meeting occurred) does not provide a sustainable basis to set aside the resolutions; the originating summonses are therefore struck out.
2 Mar 2016

KUDETA LTD AND OTHERS v. CHRIS AU AND OTHERS

Citation

KUDETA LTD AND OTHERS v. CHRIS AU AND OTHERS
Court

Court of First Instance
Case number

HCA2063/2015

The application was refused because the court found insufficient and contested evidence on the papers to justify intervention, including unresolved factual disputes about the board meeting and sequence of events, and because the application impermissibly sought to regulate the internal affairs of a BVI company without a clear juridical basis; therefore no mandatory orders were made and costs were ordered against the plaintiffs.
9 Oct 2003

RE MYRIAD GOLD CORPORATION

Citation

RE MYRIAD GOLD CORPORATION
Court

Court of First Instance
Case number

HCCW346/2002

The application to vary the order nisi was dismissed because the court considered the directions and reliefs sought should be treated as a whole and it was impracticable to apportion costs as proposed; accordingly the provisional liquidators' costs remain payable out of the funds of Maintain Profits and Myriad Gold pursuant to the undertakings, and the order nisi was not altered.
18 Jul 1978

CHAN FUNG-YUK v. HONG KONG SHAUKIWAN TSUI KING LAU RESTAURANT LTD

Citation

CHAN FUNG-YUK v. HONG KONG SHAUKIWAN TSUI KING LAU RESTAURANT LTD
Court

Court of First Instance
Case number

HCA527/1978

The alleged AGM resolution did not lawfully defer repayment because its proper construction was merely to consider repayment when the company's finances improved, it did not bind the plaintiff to postpone his right, and the court found the minutes recording such a resolution had been fabricated/altered; accordingly the defence failed and judgment was entered for the plaintiff for the loan with interest and costs.

Hong Kong Case Law

LAM HON KEUNG KEITH v. GENERAL TARGET DEVELOPMENT LTD AND OTHERS

LAM HON KEUNG KEITH v. DALNY ESTATES LTD AND OTHERS

KUDETA LTD AND OTHERS v. CHRIS AU AND OTHERS

RE MYRIAD GOLD CORPORATION

CHAN FUNG-YUK v. HONG KONG SHAUKIWAN TSUI KING LAU RESTAURANT LTD