Hong Kong Case Law: Decisions & Judgments

Topic

Alter ego/veil piercing

Legal area

Court

12 Sept 2013

RE THE GRANDE HOLDINGS LTD (“PROVISIONAL LIQUIDATORS APPOINTED”)

Citation

RE THE GRANDE HOLDINGS LTD (“PROVISIONAL LIQUIDATORS APPOINTED”)
Court

Court of First Instance
Case number

HCCW177/2011

The 2011 California judgment was held to be essentially compensatory in character (based on alter ego liability and independent discovery-sanction awards) and therefore not caught by s7 PTIO; accordingly the Kayne Creditors are creditors with locus standi to present the winding-up petition and a winding-up order should be made without further adjournment.
25 Mar 2010

MENNO LEENDERT VOS v. GLOBAL FAIR INDUSTRIAL LTD AND OTHERS

Citation

MENNO LEENDERT VOS v. GLOBAL FAIR INDUSTRIAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA4200/1995

Given the judge's adverse credibility findings against Cheung and the circumstantial indications of concealment or dissipation (post-judgment matrimonial property transfer, prior accumulation of substantial assets, continued litigation activity and ability to pay for transcripts and counsel), the court held plaintiff established a real likelihood of concealment/dissipation and therefore ordered specific disclosure (extensive financial and property particulars and statements for the past 12 months) and amended the stay/payment-out order to allow release of non-capital payments (including renta…
21 Sept 2001

MONTRES ROLEX S.A. AND ANOTHER v. TSOI CHI LI

Citation

MONTRES ROLEX S.A. AND ANOTHER v. TSOI CHI LI
Court

Court of First Instance
Case number

HCMP361/2001

The court found beyond reasonable doubt that Tsoi had clear knowledge of both orders, that he was the alter ego of the trading companies, and that the watches and promotional material substantially reproduced Rolex designs and the Submariner mark and bezel registered design; therefore he was guilty of contempt for breaching both orders and liable to custodial sentence and costs.
10 Jul 2000

RE POWER POINT ENGINEERING LTD.

Citation

RE POWER POINT ENGINEERING LTD.
Court

Court of First Instance
Case number

HCCW555/1999

Although circumstances existed that could justify winding up, the court found the petitioners materially caused the loss of the company's substratum by ousting the co‑shareholder and using an alter ego company; because the petitioners' misconduct was causative, the court exercised its discretion against granting winding up relief and dismissed the petition, while ordering costs on an indemnity basis (order nisi).

Hong Kong Case Law

RE THE GRANDE HOLDINGS LTD (“PROVISIONAL LIQUIDATORS APPOINTED”)

MENNO LEENDERT VOS v. GLOBAL FAIR INDUSTRIAL LTD AND OTHERS

MONTRES ROLEX S.A. AND ANOTHER v. TSOI CHI LI

RE POWER POINT ENGINEERING LTD.