2 Dec 2015
LIU JINJING, THE ADMINISTRATRIX OF THE ESTATE OF LEUNG WING KEUNG, DECEASED AND ANOTHER v. WAI HING ENTERPRISES LTD
- Citation
- LIU JINJING, THE ADMINISTRATRIX OF THE ESTATE OF LEUNG WING KEUNG, DECEASED AND ANOTHER v. WAI HING ENTERPRISES LTD
- Court
- Court of First Instance
- Case number
- HCMP2915/2014
The administratrix's statutory title did not entitle her to mandatory registration because Articles 5(a), 6 and 12 of the Articles of Association created enforceable pre-emption rights preserved by s160 CO and the directors lawfully declined registration in good faith and in the interests of the company; the administratrix also failed to comply with the Article 6 transfer notice requirement specifying fair value; estoppel by convention and Clause 3(cc) did not invalidate the articles or oblige registration; therefore the application under s159 CO was not well-founded and is dismissed.