Hong Kong Case Law: Decisions & Judgments

Topic

Validity of general meeting resolutions

Legal area

Court

13 Aug 2009

YUNG SIU YING v. HONG KONG SAILING FEDERATION

Citation

YUNG SIU YING v. HONG KONG SAILING FEDERATION
Court

Court of First Instance
Case number

HCMP2395/2008

The court refused the plaintiff's applications for lists of documents and inspection and for further and better particulars and related discovery because the documents were already disclosed on affidavit and the statutory/practice threshold for discovery was not met; the plaintiff was granted leave to file an affirmation in reply (subject to restrictions on producing a sanctioned offer) and the defendant was granted leave to rely on its supplemental affirmation; the court issued specific case management directions including prohibition of cross‑examination on affirmations and a one‑day hearin…
12 Oct 2005

FUNG YUET HING v. THE INCORPORATED OWNERS OF HING WONG MANSION AND OTHERS

Citation

FUNG YUET HING v. THE INCORPORATED OWNERS OF HING WONG MANSION AND OTHERS
Court

Lands Tribunal
Case number

LDBM367/2004

The Tribunal held that 'a majority of votes of the owners' under paragraph 3(3) of the Third Schedule to the BMO means more than 50% of owners present in person or by proxy; because 129 owners were present at the 2nd Meeting at least 65 affirmative votes were required but only 58 and 57 votes were recorded for the contractor appointment and renovation items respectively, the resolutions lacked the requisite majority and are invalid. Consequently the Owners Corporation and Management Committee had no actual authority to enter the Renovation Contract or call for contributions; the Request met s…
21 Mar 1985

TANG KAM YIP AND OTHERS v. YAU KUNG SCHOOL AND OTHERS

Citation

TANG KAM YIP AND OTHERS v. YAU KUNG SCHOOL AND OTHERS
Court

Court of First Instance
Case number

HCA1038/1984

The articles do not confer on the directors the power to increase or admit members; the word 'register' in Article 3 refers only to statutory registration with the Registrar and not admission of members, and the omission of the Table C wording indicates admission power resides with the company in general meeting; therefore directors lacked the power to increase membership and preliminary issue (1) is answered in the negative.

Hong Kong Case Law

YUNG SIU YING v. HONG KONG SAILING FEDERATION

FUNG YUET HING v. THE INCORPORATED OWNERS OF HING WONG MANSION AND OTHERS

TANG KAM YIP AND OTHERS v. YAU KUNG SCHOOL AND OTHERS