Hong Kong Case Law: Decisions & Judgments

Topic

Directors and management disputes

Legal area

Court

21 Dec 2007

BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS

Citation

BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS
Court

Court of First Instance
Case number

HCCW52/2006

The court found on the balance of probabilities that there was a complete breakdown of trust and confidence and a deadlock between the families in respect of the four companies but that the Yeungs were substantially to blame for that breakdown; the Yeungs did not establish unfairly prejudicial conduct as required by s168A, so no buy-out order was made; therefore the court granted winding up orders on just and equitable grounds in favour of the Tsang petitioners and dismissed the Yeungs' cross-petitions.
2 Feb 2004

RE MONEY FACTS LTD

Citation

RE MONEY FACTS LTD
Court

Court of First Instance
Case number

HCCW880/2001

Although Money Facts and Fonfair exhibited attributes of a quasi‑partnership, the petitioner Harbour Front was properly denied equitable relief because (1) there was a real and unresolved risk that the transfers to Harbour Front were vulnerable to attack under bankruptcy law and that the undischarged bankrupt (YT Leung) would indirectly control management (s156 concern), and (2) Harbour Front had engaged in conduct (including obstructing enforcement of Fonfair's rent claims and inconsistent positions) amounting to unclean hands and defeat of the fundamental purposes of the shareholders' arran…
11 Dec 1996

CHUAN WEN SZE v. USINE CO LTD AND ANOTHER

Citation

CHUAN WEN SZE v. USINE CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCCW105/1990

On the balance of probabilities the Petitioner held a 25% beneficial interest in each company and was unfairly prejudicially excluded from management; therefore relief under s.168A is appropriate and the Respondent must purchase the Petitioner's shares at a fair valuation as at 31 December 1989 with no minority discount, with winding-up proceedings stayed pending payment and transfer.

Hong Kong Case Law

BEATRICE TSANG SAU HING AND ANOTHER v. YUENG MAN LOONG MAXLY AND OTHERS

RE MONEY FACTS LTD

CHUAN WEN SZE v. USINE CO LTD AND ANOTHER