Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Board meeting notice

Legal area

Court

30 Jul 2010

GRAND FIELD GROUP HOLDINGS LTD v. FRANCIS LIM AND OTHERS

Citation

GRAND FIELD GROUP HOLDINGS LTD v. FRANCIS LIM AND OTHERS
Court

Court of First Instance
Case number

HCA873/2009

The 19/3 and 27/3 resolutions were invalid because the requisite notice was not given to the 7 Directors; the 5 Directors' appointments were void (per Reyes J) so the 16/4 resolution could not ratify the earlier invalid resolutions; therefore Kennedys acted without authority in commencing the 1st and 2nd Actions and breached the implied warranty of authority and must personally pay Lim's costs.
26 Jan 2007

CHRISTIAN EMIL TOGGENBURGER v. BEAUFORTE INVESTORS CORPORATION LTD AND OTHERS

Citation

CHRISTIAN EMIL TOGGENBURGER v. BEAUFORTE INVESTORS CORPORATION LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP37/2007

The court found there was a compelling case that the 27 December 2006 notice was unreasonably short in the holiday context and did not afford directors a fair opportunity to attend; the removals of Hess and Saxer were likely invalid because a board resolution is required under Art.101(A)(iii) and attempted attendance on 20 December 2006 interrupted any six‑month absence; the non-disclosures at the ex parte stage were not material to justify vacating the injunction, and accordingly the ex parte interim injunction was continued pending trial.