Hong Kong Case Law: Decisions & Judgments

Topic

Nominee/shareholding arrangements

Legal area

Court

9 May 2014

MOTOROLA SOLUTIONS CREDIT CO LLC (formerly known as MOTOROLA CREDIT CORPORATION) v. KEMAL UZAN AND OTHERS

Citation

MOTOROLA SOLUTIONS CREDIT CO LLC (formerly known as MOTOROLA CREDIT CORPORATION) v. KEMAL UZAN AND OTHERS
Court

Court of First Instance
Case number

HCA2232/2013

Because the 8th defendant's affirmations contained materially inconsistent, evasive and potentially obfuscatory statements directly relevant to an allegation that assets had been dissipated after the Mareva injunction, the court exercised its discretion under Order 38 to permit cross-examination as likely to produce useful evidence, assist case management and facilitate tracing or recovery of assets.
24 Jan 2014

MOTOROLA SOLUTIONS CREDIT COMPANY LLC v. KEMAL UZAN AND OTHERS

Citation

MOTOROLA SOLUTIONS CREDIT COMPANY LLC v. KEMAL UZAN AND OTHERS
Court

Court of First Instance
Case number

HCA2232/2013

The court ordered disclosure of documents insofar as they are relevant to enforcing the Mareva injunction and determining beneficial ownership and movement of funds, holding that confidentiality alone is not a valid ground for non‑production; specific requests were granted, some amended to narrow scope, some refused as outside the action, and alternative affidavit disclosure was required for nominee payment matters; defendants must state possession and produce documents within 21 days and may seek further orders about phone logs.
15 Jan 2010

ZHANG JINGYUAN v. WONG YUK KWAN AND OTHERS

Citation

ZHANG JINGYUAN v. WONG YUK KWAN AND OTHERS
Court

Court of First Instance
Case number

HCA1475/2008

The court dismissed the strike out applications and the 2nd defendant's summary judgment application because the plaintiff had pleaded representations of ability (actionable facts) and collateral undertakings that raised bona fide factual disputes—including issues about source of funds, backdating and nominee arrangements—that could not be resolved summarily and required discovery and trial.
9 Oct 2003

KWAI HUNG REALTY CO LTD v. LOCKIA DEVELOPMENT LTD

Citation

KWAI HUNG REALTY CO LTD v. LOCKIA DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCA3280/2001

The court granted the interlocutory Mareva injunction because the plaintiff demonstrated a good arguable case, the defendant's sole substantial asset (the Property) faced a real risk of dissipation, the alleged non-disclosures were not material to the injunction threshold, and the undertakings offered by the defendant were inadequate to protect the plaintiff's interests; accordingly the balance of convenience favoured granting the injunction.
31 Dec 1997

CHINESE UNITED ESTABLISHMENT LTD. v. CHEUNG SIU KI and Another

Citation

CHINESE UNITED ESTABLISHMENT LTD. v. CHEUNG SIU KI and Another
Court

Court of First Instance
Case number

HCA8004/1995

On the balance of probabilities the court made specific factual findings: the investment plan and associated documents were sent and considered by the investors; Wellward was established at Cheung's direction and used as a conduit; the HK$11.75 million commission arrangement was known to investors and HK$4,000,000 was paid to Wellward; Cheung held certain interests (Nice Gain/Burlion) in circumstances creating conflict with Chinese United; Pang failed to prove the alleged misrepresentation about Burlion's purchase price. The court declined to finally order outcomes at judgment and invited par…

Hong Kong Case Law

MOTOROLA SOLUTIONS CREDIT CO LLC (formerly known as MOTOROLA CREDIT CORPORATION) v. KEMAL UZAN AND OTHERS

MOTOROLA SOLUTIONS CREDIT COMPANY LLC v. KEMAL UZAN AND OTHERS

ZHANG JINGYUAN v. WONG YUK KWAN AND OTHERS

KWAI HUNG REALTY CO LTD v. LOCKIA DEVELOPMENT LTD

CHINESE UNITED ESTABLISHMENT LTD. v. CHEUNG SIU KI and Another