Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Directors' resolutions

Legal area

Court

18 Apr 2007

KWOK HIN CHEUNG AND ANOTHER v. KWOK HIN TAK AND OTHERS

Citation

KWOK HIN CHEUNG AND ANOTHER v. KWOK HIN TAK AND OTHERS
Court

Court of Appeal
Case number

CACV413/2006

The appeal is dismissed because there was no real continued duplication or abuse of process: the applicants undertook to discontinue the duplicate proceeding, factual disputes existed that made striking out inappropriate on affirmation evidence, and therefore the judge correctly exercised her discretion to dismiss the respondents' strike out application and to order costs in favour of the applicants.
8 Nov 2006

KWOK HIN CHEUNG AND ANOTHER v. KWOK HIN TAK AND OTHERS

Citation

KWOK HIN CHEUNG AND ANOTHER v. KWOK HIN TAK AND OTHERS
Court

Court of First Instance
Case number

HCMP448/2006

The court refused to strike out HCMP No. 448 of 2006 because disputed facts on service and the validity of the allotment and the procedural history meant it was not plain and obvious the originating summons would fail; the court permitted the applicants to discontinue the earlier originating summons in the proper proceedings, granted leave to add the company as 4th respondent, directed the proceedings to continue as if begun by writ with 21 days to file a statement of claim, and ordered respondents to pay the applicants' costs of the strike out application.