Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Derivative claim for company asset recovery
  • 28 Jan 2022

    LONG HAI HONG v. CHAN YU, LYDIA AND OTHERS

    Citation
    [2022] HKCFI 339
    Court
    Court of First Instance
    Case number
    HCMP3179/2013

    Because there is a substantial overlap of the real issues (beneficial ownership of disputed shares, nominee/trust arrangements, identity and funding of investments, relationship among key protagonists) and of the key parties and witnesses across the four actions, and because the applications were not premature given defined pleadings and existing affirmations, consolidation for a joint trial was justified to save costs and avoid inconsistent findings; no sufficient evidence of irremediable conflict or unfair prejudice was shown, therefore the summons for a joint trial was granted.

    • Consolidation of actions
    • Beneficial ownership of shares
    • Rectification of register of members
    • Derivative claim for company asset recovery
    • Partnership dissolution and accounting
    • Nominee/share trust allegations