Hong Kong Case Law: Decisions & Judgments

Topic

Minority shareholder dispute

Legal area

Court

19 Jun 2009

CHOW HING ERIC v. WIDE LAND PURCHASING CENTRE LTD AND OTHERS

Citation

CHOW HING ERIC v. WIDE LAND PURCHASING CENTRE LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP483/2009

Both applications were dismissed because the petitioner filed the appeal 20 months late without satisfactory explanation, the single piece of purported fresh evidence post-dated the trial but could have been obtained with reasonable diligence and would not probably have affected the outcome, and there were no merits warranting interference with the trial judge's factual and credibility findings that the presumption of resulting trust was unrebutted.
11 Sept 2008

NG WAI LING v. CHAN PING FAI RICKY AND ANOTHER

Citation

NG WAI LING v. CHAN PING FAI RICKY AND ANOTHER
Court

Court of First Instance
Case number

HCCW262/2008

Validation orders were granted but strictly limited: the court validated ordinary-course payments subject to company-specific monthly caps (Honeycool $12,000; Lincoln $45,000; Hoovercool $42,000), required a bi-weekly payment schedule with inspection rights, validated the specific sale of three carparking spaces by Hoovercool as arm's-length and at market value, and refused blanket permission to dispose of landed properties, leaving such disposals to separate validation applications.
19 Apr 2004

NG CHAN NING v. MI FUNG BEADS CO LTD AND OTHERS

Citation

NG CHAN NING v. MI FUNG BEADS CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW224/2004

Because on the evidence the Company was solvent and trading modestly profitably, and the directors' reasons for proposed dispositions were such that an intelligent and honest person could hold them, the court granted validation orders limited to payments in the ordinary course, payment of debts up to 29 Feb 2004, future ordinary trading purchases, repayment of Dah Sing and Citibank (and sale of linked units 508, 509 and B13 to effect those repayments) subject to monitoring safeguards; validation to repay DBS or to validate unspecified shareholder repayments was refused for lack of necessity o…
17 Nov 1970

THIAN\'S PLASTICS INDUSTRIAL CO LTD AND OTHERS v. TINS\' CHEMICAL INDUSTRIAL CO LTD AND ANOTHER

Citation

THIAN\'S PLASTICS INDUSTRIAL CO LTD AND OTHERS v. TINS\' CHEMICAL INDUSTRIAL CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA773/1969

The registrations of lis pendens against the Castle Peak, Station Lane, Lai Chi Kok and Apliu Street properties were improper because the action did not assert title to or a proprietary interest in those lands; the Land Registration Ordinance and common law require that a lis pendens register a claim to land or an interest in land, and where registration is improper the court has inherent jurisdiction to vacate it. The registrations were ordered vacated forthwith.

Hong Kong Case Law

CHOW HING ERIC v. WIDE LAND PURCHASING CENTRE LTD AND OTHERS

NG WAI LING v. CHAN PING FAI RICKY AND ANOTHER

NG CHAN NING v. MI FUNG BEADS CO LTD AND OTHERS

THIAN\'S PLASTICS INDUSTRIAL CO LTD AND OTHERS v. TINS\' CHEMICAL INDUSTRIAL CO LTD AND ANOTHER