11 Apr 2007
WONG KAM SAN AND ANOTHER v. YEUNG WING KEUNG AND OTHERS
- Citation
- WONG KAM SAN AND ANOTHER v. YEUNG WING KEUNG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2036/2005
The EGM of 14 July 2005 was invalid for want of notice to Trengei/Wong and for lack of quorum; therefore the allotment contravened s57B and is void; additionally the allotment was made for the improper purpose of diluting Wong’s control (breach of fiduciary duty) so the allotment is substantively invalid; Sunny Growth had actual and, alternatively, constructive notice of the dispute and irregularities and could not rely on the Turquand rule; accordingly the allotment is set aside, the 9,900 shares cancelled, the register rectified and injunctive relief granted.