Hong Kong Case Law: Decisions & Judgments

Topic

Directors' resignation

Legal area

Court

16 Aug 2017

KARLA OTTO LTD v. BULENT EREN BAYRAM AND ANOTHER

Citation

KARLA OTTO LTD v. BULENT EREN BAYRAM AND ANOTHER
Court

Court of First Instance
Case number

HCA821/2011

The 1st defendant is ordered to execute an instrument transferring 1,000 shares in the 2nd defendant to the plaintiff and to execute a notice of resignation limited to the first paragraph; if he fails to do so within three days of service the Registrar is authorised under section 25A High Court Ordinance to execute the documents on his behalf; indemnity costs are awarded to the plaintiff to be summarily assessed; service out of the jurisdiction at the 1st defendant's last known addresses is permitted and deemed good service.
16 Apr 2003

RE WONG SIU KI OSWALD

Citation

RE WONG SIU KI OSWALD
Court

Court of First Instance
Case number

HCB1017/1998

Master found the Official Receiver proved the statutory grounds: the Bankrupt's prolonged failure to file a Statement of Affairs, late resignation as director, inadequate and contradictory disclosures about a major investment, and late/inaccurate annual reports constituted serious breaches of statutory obligations; these failings warranted delaying rehabilitation and justified suspending automatic discharge for the maximum statutory period until 23 December 2006; a conditional discharge was not appropriate.
12 Mar 1998

WFM MOTORS PTY LTD. and Another v. COMTOWELL LTD. and Another

Citation

WFM MOTORS PTY LTD. and Another v. COMTOWELL LTD. and Another
Court

Court of First Instance
Case number

HCMP3499/1997

The applicants were entitled to rectification under s100(1)(a) because they were aggrieved parties enforcing a valid Court of Appeal order and registered judgment; the undated resignations and deposited instruments were effective; section 69 was inapplicable where there was no board to act; the 1996 undertakings charged the shares to satisfy the judgment and entitled the applicants to transfer (and therefore sell) the shares; costs awarded on an indemnity basis for breach of undertakings and deliberate obstruction.

Hong Kong Case Law

KARLA OTTO LTD v. BULENT EREN BAYRAM AND ANOTHER

RE WONG SIU KI OSWALD

WFM MOTORS PTY LTD. and Another v. COMTOWELL LTD. and Another