Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Delivery up of statutory books and records

  • 11 Aug 2025

    WONG PUI YIN GEORGEANNA (as the administratrix of the estate of WONG CECILIA PUI LUEN, deceased) v. CHEER CREATION LTD AND ANOTHER

    Citation
    [2025] HKCA 716
    Court
    Court of Appeal
    Case number
    CAMP51/2025

    The renewed applications for leave to appeal were refused because the proposed grounds had no reasonable prospect of success and the judge's exercise of discretion on costs was not wrong in principle or plainly wrong; the 2nd Defendant had a legal obligation to return the companies' documents so normal costs principles applied, the Plaintiff obtained substantively what she sought, and the new points were either without merit or not properly raised below.

    • Delivery up of statutory books and records
    • Discretion as to costs
    • Leave to appeal from costs orders
    • Third party discovery vs obligation to return company documents
    • Practice direction on renewed leave applications

  • 25 Feb 2025

    WONG PUI YIN GEORGEANNA (as the administratrix of the estate of WONG CECILIA PUI LUEN, deceased) v. CHEER CREATION LTD AND ANOTHER

    Citation
    [2025] HKCFI 901
    Court
    Court of First Instance
    Case number
    HCMP801/2022

    The judge found the Plaintiff had been substantially successful in obtaining the documents sought, the decision to discontinue was reasonable, and there was no arguable basis that the costs order was plainly wrong; accordingly leave to appeal was refused and the 2nd Defendant ordered to pay the Plaintiff's costs.

    • Delivery up of statutory books and records
    • Section 21l high court ordinance
    • Companies ordinance ss158,159,570,633
    • Discontinuance
    • Costs order
    • Leave to appeal

  • 24 Jan 2025

    WONG PUI YIN GEORGEANNA (as the administratrix of the estate of WONG CECILIA PUI LUEN, deceased) v. ELITE GIANT LTD AND ANOTHER

    Citation
    [2025] HKCFI 447
    Court
    Court of First Instance
    Case number
    HCMP802/2022

    Because the 2nd defendant's Forms NR2 invited the reasonable assumption it held the companies' records and it did not clarify that position until late in the proceedings, and because the plaintiff obtained substantively what she sought (the records the 2nd defendant had) the 2nd defendant was ordered to pay the plaintiff's costs of both proceedings, to be taxed if not agreed with a certificate for counsel.

    • Rectification of company register
    • Delivery up of statutory books and records
    • Costs orders on discontinuance
    • Company secretarial services
    • Misleading company filings (form nr2)

  • 24 Jan 2025

    WONG PUI YIN GEORGEANNA (as the administratrix of the estate of WONG CECILIA PUI LUEN, deceased) v. CHEER CREATION LTD AND ANOTHER

    Citation
    [2025] HKCFI 447
    Court
    Court of First Instance
    Case number
    HCMP801/2022

    The court found the originating summonses were justified because the 2nd defendant’s Forms NR2 invited the assumption it held the companies' records, the 2nd defendant failed to make its position clear until later evidence, and the plaintiff obtained substantively what she sought; accordingly the 2nd defendant was ordered to pay the plaintiff’s costs of both proceedings, taxed if not agreed, with a certificate for counsel.

    • Rectification of company register
    • Delivery up of statutory books and records
    • Company secretarial duties and record-keeping
    • Costs on discontinuance
    • Misleading statutory filings