Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Board resolution

  • 16 May 2025

    LAM HAU LOK IVAN v. LAM KIT YEE VANESSA AND ANOTHER

    Citation
    [2025] HKCFI 2026
    Court
    Court of First Instance
    Case number
    HCMP1408/2024

    The court held the allotment was valid: the requisite members' and board approvals existed and were binding (Plaintiff's signature and/or unanimous written consent effective under article 62 and the Duomatic principle), the Companies Ordinance regime (including abolition of nominal value) meant there was no prohibited 'discount' in the pleaded sense and s170 permits bonus issues, bonus shares may be issued without increase of capital and need not be confined to existing shareholders in the factual context, procedural irregularities were cured by unanimous consent and ratification, and the Pla…

  • 11 Jul 2008

    DECOLLIN INTERNATIONAL LTD v. KENPARK INTERNATIONAL LTD AND ANOTHER

    Citation
    DECOLLIN INTERNATIONAL LTD v. KENPARK INTERNATIONAL LTD AND ANOTHER
    Court
    District Court
    Case number
    DCCJ20/2008

    Although the solicitor was negligent and came close to a serious dereliction of duty in obtaining and pursuing an ex-parte Mareva injunction based on an improperly authorized board resolution, the conduct did not meet the threshold required under Order 62 Rule 8 to impose personal liability for costs; accordingly no personal costs order against the solicitors was made, but costs consequences were ordered against the plaintiff and limited orders against the solicitor for the hearing day and show cause.