Hong Kong Case Law: Decisions & Judgments

Topic

Account of dividends

Legal area

Court

29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE.COM LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP1416/2012

The court stayed the Actions pending determination of the Probate Action because the probate proceedings that dispute ownership of the deceased's shares are dispositive of the claims for registration and accounting for dividends; resolving ownership in the probate action is a necessary precursor to adjudicating the Actions.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (KOWLOON COMMERCIAL) LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2017/2009

The court treated the central issue as the ownership of the deceased's shares — specifically whether a donatio mortis causa to Ms Lo occurred — and concluded that resolution of that issue in the Probate Action is necessary before the plaintiff can be registered as shareholder or obtain an account of dividends; accordingly the civil actions should be and were stayed pending determination of the probate proceedings.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE I REALTY LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2011/2009

The court stayed the further proceedings in the actions because the central issue of legal title to the deceased's shares was the subject of the separate probate action; the proper course is to determine the probate claim to establish ownership before ordering registration or an account in the related actions.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (RESIDENTIAL) LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2013/2009

Where a probate action raises the primary disputed issue of ownership of shares central to separate civil claims for registration and dividends, the proper course is to stay the civil proceedings pending determination of the probate action so that the question of title is conclusively determined before subsidiary remedies are pursued.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (RESIDEITIAL-LEASING) LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2014/2009

The court stayed the plaintiffs' actions because the proprietary dispute over the deceased's shares — specifically the claim that Ms Lo received them by donatio mortis causa — must be determined in the pending probate action before orders for registration as shareholder or for an account of dividends can be appropriately made.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (HONG KONG COMMERCIAL) LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2001/2009

Where ownership of shares is disputed and a probate action addressing title is pending, the correct procedural course is to stay ancillary claims for registration and account of dividends until the probate action determining title is resolved.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. GRANDFUL UNIVERSAL LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2010/2009

The court held that the central dispute as to beneficial ownership of the Deceased's shares is appropriately determined in the probate action; accordingly the civil claims for registration and dividends are to be stayed pending resolution of the probate proceedings.
11 Dec 2007

WAN HOW WAN v. THE LUK HOI TONG CO LTD

Citation

WAN HOW WAN v. THE LUK HOI TONG CO LTD
Court

Court of First Instance
Case number

HCA1648/2007

The declaration that the deceased and his estate held the shares on trust for the plaintiff did not by itself effect transmission of legal title; the defendant must give effect to the judgment but only by compliance with the company's Articles and Companies Ordinance formalities (presentation of a proper instrument of transfer and related requirements); until the plaintiff is registered she lacks locus to claim an account of dividends, and accordingly the action as pleaded must be dismissed for want of the required formalities.