Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Locus standi/membership

  • 27 Jun 2007

    CENKY LTD v. ZEALOT & CO LTD AND ANOTHER

    Citation
    CENKY LTD v. ZEALOT & CO LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP1823/2006

    The strike out application was dismissed because there are substantial disputed facts and documentary and oral evidence to be tested at trial making the claim not plainly unsustainable; interim receivers were appointed because there was a serious issue to be tried on beneficial ownership, credible evidence of a real risk of dissipation of significant company assets, inadequate protection from existing undertakings alone, and Cenky provided a fortified undertaking as to damages and security to justify appointment pending determination in the writ action.

  • 2 Jan 2003

    RE KENLY (HK) LTD.

    Citation
    RE KENLY (HK) LTD.
    Court
    Court of First Instance
    Case number
    HCCW964/2002

    The court dismissed the strike-out application. It held that (1) the locus challenge to the 2nd petitioner (Brian Cheng) could not be resolved on existing evidence and he should not be struck out in relation to s168A; (2) the factual allegations (forgery, dilution via rights issue, misleading audited accounts) disclose a cause of action for winding-up and it is not plain and obvious they will fail; and (3) given unresolved factual disputes and the distinct position of Brian Cheng, it was not appropriate to strike out the winding-up allegations as unreasonable; costs orders nisi were granted a…