Hong Kong Case Law: Decisions & Judgments

Topic

Corporate governance

Legal area

Court

24 Apr 2025

SHUN YEE NATIVES ASSOCIATION (HONG KONG) LTD AND ANOTHER v. DENG JIE LING AND ANOTHER

Citation

[2025] HKCFI 1732
Court

Court of First Instance
Case number

HCMP1119/2023

The Summons was dismissed because the applicant failed to act with due expedition (14 months' unexplained delay), failed to show irreparable harm given the defendants' continued management without evidence of personal gain and audit transparency, and because injunctive relief would likely disrupt ongoing company management; exercise of discretion to grant interlocutory relief was therefore refused and costs awarded to the defendants (certificate for two counsel and assessed amounts).
26 Jul 2024

NORTHERN LIGHT GROUP S.A. v. JENS-ARNE HANSEN

Citation

[2024] HKCFI 1980
Court

Court of First Instance
Case number

HCMP430/2024

The court found it impracticable to convene a meeting because the sole co-member and director refused to call or attend an EGM, leaving the company paralysed; exercising its discretion under s570 the court ordered that a general meeting be convened and that one member present be treated as a quorum and awarded costs to the applicant.
7 Feb 2024

TONG CUN MING v. CHEUNG SUN LING SANNY, the Administratrix of the Estate of KWAN YAU HANG, deceased AND OTHERS

Citation

[2024] HKCFI 465
Court

Court of First Instance
Case number

HCMP143/2011

Given the 2015 Judgment established the Reformists' meritorious claims and the Traditionalists persisted with appeals and strike-out applications that failed, the court exercised its discretion to order the Traditionalists Camp to pay the costs of the Plaintiffs and the SJ both up to and after the 2015 Judgment; the Koon is not liable for those costs as the disputes were essentially personal between factions.
28 Oct 2020

CHEN RONGBIN AND ANOTHER v. HENG XIN CHINA HOLDINGS LTD

Citation

[2020] HKCFI 2744
Court

Court of First Instance
Case number

HCLA12/2019

The Presiding Officer did not err in law: the factual findings and inferences were reasonably open on the evidence, the indoor management rule applied to validate the challenged remuneration arrangements, and the proposed grounds for appeal were not arguably sustainable; accordingly leave to appeal was not granted.
28 Oct 2020

LI CHUN WUI v. HENG XIN MANAGEMENT LTD AND ANOTHER

Citation

[2020] HKCFI 2744
Court

Court of First Instance
Case number

HCLA14/2019

The court found the Presiding Officer did not err in law: the tribunal's factual findings and inferences were reasonable and supported by evidence; the indoor management rule bars Holdings from challenging internal approval irregularities as against third parties dealing in good faith; the alleged failures to investigate did not demonstrate an arguable error of law; accordingly the applications for leave to appeal were not arguable and must be refused.
28 Oct 2020

LI CHUN WUI v. HENG XIN MANAGEMENT LTD AND ANOTHER

Citation

[2020] HKCFI 2744
Court

Court of First Instance
Case number

HCLA13/2019

Leave to appeal was refused because the Presiding Officer did not err in law: the factual findings and inferences were reasonable and supported by evidence, the indoor management rule precluded challenge to the remuneration validity on the material before the Tribunal, and several proposed grounds failed to satisfy procedural requirements for an arguable appeal under s32(2) LTO.
26 Jun 2020

RE THE GERMAN SWISS INTERNATIONAL SCHOOL ASSOCIATION LTD

Citation

[2020] HKCFI 1341
Court

Court of First Instance
Case number

HCMP424/2020

The Company qualifies as a "club" under s2 of the Race Discrimination Ordinance because it is a non-profit association whose purposes fall within the genus of "other lawful purposes"; accordingly s36 applies and Articles 47.2, 63 and 68 impose unjustified racial discrimination contrary to s4(1)(b) and are void under s81; Article 68 is also void for uncertainty; Article 94 cannot give the German Government veto rights over amendments and is inconsistent with statutory member rights.
7 May 2020

SECURITIES AND FUTURES COMMISSION v. WONG WAI KWONG DAVID AND OTHERS

Citation

[2020] HKCFI 727
Court

Court of First Instance
Case number

HCMP1227/2011

The Court found that the conduct of the three directors fell within s214(1)(b),(c) and (d) (defalcation, misfeasance/other misconduct and unfairly prejudicial conduct) because of systemic failures, uncommercial related‑party transactions and misapplication of funds (including use of HK$622m of a HK$1bn syndicated facility). Disqualification orders were warranted for public protection and deterrence: David Wong 9 years, Peter Lee 6 years, Tony Chik 6 years from the date of judgment. The Court declined to make a compensation order under s214(2)(e) because causation, remoteness, time‑bar and asc…
20 Dec 2019

WONG WAH ON v. TSUNG TSIN ASSOCIATION AND OTHERS

Citation

[2019] HKCFI 3030
Court

Court of First Instance
Case number

HCMP2056/2018

The application to set aside was dismissed because the respondents failed to provide a credible, complete and corroborated explanation for their failure to appear at the trial; their evidence invited scepticism and did not demonstrate real prospects of success, and finality of litigation and prejudice to the petitioner weighed against reopening the trial.
30 Apr 2019

LAI CHI KEUNG v. WANG ZHIHUA AND ANOTHER

Citation

[2019] HKCFI 1101
Court

Court of First Instance
Case number

HCCW186/2013

The court found that the majority's conduct, including improper allotments, backdated appointments and coercive procurement of signatures, constituted unfairly prejudicial conduct warranting just and equitable relief under ss168A and 177(1)(f) of the Companies Ordinance; the court must determine the merits before making any buy‑out order and may proceed without setting aside prior consent orders where appropriate.