Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dividend payments

  • 14 Jun 2023

    CHEUNG YUK YING ENGRACIA v. MACGREGOR ISABELLA

    Citation
    [2023] HKCA 749
    Court
    Court of Appeal
    Case number
    CACV120/2022

    Having evaluated all evidence including the parties' relationship, the plaintiff's non‑disclosure of the shares in her Form E, the absence of a pattern of dividend payments to the plaintiff despite substantial dividends paid to the defendant, the limited probative value of the 2015 recovery of share certificates and the credibility assessments of witnesses, the judge's finding that the defendant discharged the burden of proving an outright gift was a conclusion reasonably open on the evidence; the Court of Appeal refused to disturb that finding and dismissed the appeal.

  • 5 Oct 2007

    RE WAH YING CHEONG CO LTD

    Citation
    RE WAH YING CHEONG CO LTD
    Court
    Court of First Instance
    Case number
    HCCW225/1996

    The petitioners failed to produce compelling evidence that the proposed $8.4 million special interim dividend would injure the company or render it insolvent; the Company's net assets and evidence about the status and costs of pending proceedings showed sufficient resources to meet liabilities and expenses; therefore the court exercised its discretion to validate the distribution and ordered costs against the petitioners to be paid forthwith.