Hong Kong Case Law: Decisions & Judgments

Topic

Nominee shareholdings

Legal area

Court

21 Sept 2022

YAU TIN MAN v. AITKEN ENTERPRISES LTD AND OTHERS

Citation

[2022] HKCFI 2870
Court

Court of First Instance
Case number

HCCW202/2018

The court accepted on the evidence that Sy Senior and Fung had agreed, in loose but operative terms, that Sy Senior would run operations and both founders would participate equally in management; Lockwell, as Fung’s successor, was bound by that understanding; Lockwell and its nominee directors took control and acted in ways inconsistent with that understanding after 2018 thereby irretrievably breaking down mutual trust and confidence and justifying a winding up on the just and equitable ground.
31 Jan 2013

LU JUN v. YU QI AND OTHERS

Citation

LU JUN v. YU QI AND OTHERS
Court

Court of First Instance
Case number

HCCW282/2010

Court accepted petitioner was the beneficial owner of the 15 shares, rejected respondent evidence and explanations (including the payment instruction and embezzlement allegation), found the majority shareholder conducted the company's affairs in a manner unfairly prejudicial to petitioner (wrongful exclusion from management, engineered dilution attempts and attempted dissipation of assets), and therefore had jurisdiction under s.168A to order a buy‑out; accordingly a buy‑out order nisi was made against the 1st and 3rd respondents with valuation and precise terms to be fixed at a further heari…
19 Dec 1997

HISAMICHI KIYOHARA and Another v. WONG SHUK WAH and Another

Citation

HISAMICHI KIYOHARA and Another v. WONG SHUK WAH and Another
Court

Court of First Instance
Case number

HCA11400/1994

On the facts the Judge found the 2,100,000 shares registered in the defendant's name were held on trust for the President/estate because there was no real consideration, the defendant acted as nominee, her evidence was unreliable and the transfer was inconsistent with the President's intention; accordingly the court declared the trust, ordered transfer to Isao and further inquiries into damages.
24 Jun 1981

CHEUNG CHUI SOU YING v. CHEUNG YUK LUEN AND OTHERS

Citation

CHEUNG CHUI SOU YING v. CHEUNG YUK LUEN AND OTHERS
Court

Court of First Instance
Case number

HCA5238/1980

The Court held that the Statement of Claim failed as a matter of law and on pleadings: the Plaintiff relied on Tsing law without requisite pleading of foreign law and the individuals were domiciled in Kwantung so Tsing law was foreign to Hong Kong for the relevant transactions; applying English law the pleaded undivided family/trust arrangements disclosed no recognizable cause of action and alleged trusts were void for perpetuity and uncertain; the pleading additionally was vexatious, embarrassing and unintelligible (overlong, incoherent charts, unclear capacities and misjoinder). Leave to am…
25 Jan 1978

LEE ING CHEE v. CHOO KIM SAN AND OTHERS

Citation

LEE ING CHEE v. CHOO KIM SAN AND OTHERS
Court

Court of First Instance
Case number

HCMP540/1977

On the balance of probabilities the court found that the transactions relating to shares registered in the names of Asiatic (422,560), Triumphant (400,000) and Fermay (15,000,000) were shams or otherwise left the beneficial interest in C.K. San; those charging orders nisi were therefore made absolute. The court found the 8,000,000 parcel sold to Rocky (of which 7,631,000 were in IPC) had passed beneficially to Rocky/SKC for value and without notice in respect of certain lots; accordingly the charging order nisi as to the IPC-held 7,631,000 shares and certain garnishee claims were discharged.…

Hong Kong Case Law

YAU TIN MAN v. AITKEN ENTERPRISES LTD AND OTHERS

LU JUN v. YU QI AND OTHERS

HISAMICHI KIYOHARA and Another v. WONG SHUK WAH and Another

CHEUNG CHUI SOU YING v. CHEUNG YUK LUEN AND OTHERS

LEE ING CHEE v. CHOO KIM SAN AND OTHERS