Hong Kong Case Law: Decisions & Judgments

Topic

Dividend entitlement

Legal area

Court

13 Jul 2018

INTERNATIONAL TUTORS LTD v. AD EXCELLENTIAM LTD AND OTHERS

Citation

[2018] HKDC 823
Court

District Court
Case number

DCCJ2715/2015

The Master accepted the claimant's uncontested documentary and oral evidence as establishing liability and quantified liquidated claims according to the contractual terms and available accounts; reduced loss of earnings for failure to mitigate by limiting mitigation period to four months; disallowed unliquidated claims and any heads unsupported by evidence; awarded specified sums in full where supported and apportioned liability as pleaded (certain sums sole liability of individual defendants and other sums joint and several).
18 Mar 2013

KU CHIT MAY v. TSUI CHUNG MING AND ANOTHER

Citation

KU CHIT MAY v. TSUI CHUNG MING AND ANOTHER
Court

Court of First Instance
Case number

HCMP2169/2012

The court found the director breached statutory obligations by failing to convene AGMs and to lay accounts; it ordered AGMs for 2010 and 2011 to be convened within 42 days, extended time to prepare accounts to 35 days, refused to substitute the articles' quorum or to direct shareholders to consider a specific appointment, and granted a limited inspection under s152FA confined to documents concerning the Company's investment in Citylink and the acquisition of 25,263 shares, plus an affidavit of completeness; costs were awarded to the plaintiff against the 1st Defendant.
16 Dec 2008

LAM YIU CHO AND ANOTHER v. ASIALAND LTD AND OTHERS

Citation

LAM YIU CHO AND ANOTHER v. ASIALAND LTD AND OTHERS
Court

Court of First Instance
Case number

HCA463/2006

Court entered final judgment for plaintiffs on discrete claims where plaintiffs demonstrated prima facie entitlement (AP liable for $1,500,000 and $400,000; Loyal liable for $137,750) and refused to make a broad interlocutory costs or dismissal order because other claims raised arguable defences and factual issues requiring trial; remainder of claims granted unconditional leave to defend.
6 Jun 2008

WAN HOW WAN v. THE LUK HOI TONG CO LTD

Citation

WAN HOW WAN v. THE LUK HOI TONG CO LTD
Court

Court of Appeal
Case number

CACV418/2007

The defendant was entitled to withhold payment of dividends until the plaintiff became a registered shareholder because dividends are payable only to registered members and no court order or settlement created an obligation on the defendant to pay prior to registration; transfer requires a proper instrument from the personal representative and the appropriate remedy for transfer must be pursued separately; therefore the claim for an account of dividends was premature and the appeal fails.
13 Jun 2003

BILL CHAO KEH LUNG v. DON XIA

Citation

BILL CHAO KEH LUNG v. DON XIA
Court

Court of Appeal
Case number

CACV427/2002

Plaintiff failed to prove that the defendant's disposal of his Teleway shares in June 1999 rendered performance impossible or would have led a reasonable person to conclude the defendant no longer intended to be bound; further, the plaintiff's non-payment of the fourth instalment was equivocal and not an unequivocal acceptance of any repudiation. Therefore the trial judgment for the plaintiff was set aside and the plaintiff's cross-appeal dismissed.
5 Sept 2001

LO SHING CHI v. THE SECRETARY FOR JUSTICE

Citation

LO SHING CHI v. THE SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCMP2844/2001

Application granted: because the liquidator applied within the two-year period and there were valid grounds for voiding the dissolution to enable the company to recover a dividend that would otherwise have become bona vacantia, the court exercised its Section 290 discretion and declared the dissolution void and ordered relief in terms of the Originating Motion.

Hong Kong Case Law

INTERNATIONAL TUTORS LTD v. AD EXCELLENTIAM LTD AND OTHERS

KU CHIT MAY v. TSUI CHUNG MING AND ANOTHER

LAM YIU CHO AND ANOTHER v. ASIALAND LTD AND OTHERS

WAN HOW WAN v. THE LUK HOI TONG CO LTD

BILL CHAO KEH LUNG v. DON XIA

LO SHING CHI v. THE SECRETARY FOR JUSTICE