Hong Kong Case Law: Decisions & Judgments

Topic

Notice of meeting

Legal area

Court

29 Dec 2023

CHAN KAM YAU AND ANOTHER v. CHAN HUI KI TUP AND OTHERS

Citation

[2023] HKCFI 3367
Court

Court of First Instance
Case number

HCMP693/2018

Court found PSC and the Company operated as a quasi-partnership under a Fundamental Relationship/Understanding; respondents breached that understanding by excluding petitioners from management (invalid or improperly conducted AGMs and unilateral appointments of ROs) and by approving the Proposed Allotment for the improper purpose of diluting petitioners; reduction of minimum commission and PHC payment complaints failed; remedy is a buy-out order requiring respondents (R2 and R6) to purchase petitioners' combined 28% shareholding at 28% of a court-determined going-concern valuation assessed in…
2 Nov 2022

LOHAS HOLDING LTD v. THE REGISTRAR OF COMPANIES AND ANOTHER

Citation

[2022] HKCFI 3358
Court

Court of First Instance
Case number

HCMP97/2022

No valid resolution was passed at the 1st EGM to appoint Chien because the 1st EGM notice did not refer to any proposed appointment of directors (a substantive defect), evidence shows the relevant discussions occurred after the meeting and eight attendees confirmed they would not support Chien, and the irregularity principle does not apply because there is no inevitability that the result would have been the same; therefore the information in the 1st Form is incorrect and both the 1st and 2nd Forms should be removed; counterclaim dismissed.
10 Sept 2013

LEE CHICK CHOI v. SOCIETY OF WINE EDUCATORS - HONG KONG CHAPTER AND ANOTHER

Citation

LEE CHICK CHOI v. SOCIETY OF WINE EDUCATORS - HONG KONG CHAPTER AND ANOTHER
Court

Court of First Instance
Case number

HCMP1203/2013

The originating summons disclosed no reasonable cause of action and was frivolous, vexatious and an abuse of process, warranting strike-out; alternatively injunction would be refused because the 31 March meeting was valid, within the Ex-Co's powers, the plaintiff was no longer an Ex-Co member and the constitution provided an internal remedy (clause 18); costs awarded to defendants.
12 Feb 1998

XHCRX PETER H. YIP v. ASIAN ELECTRONICS LTD.

Citation

XHCRX PETER H. YIP v. ASIAN ELECTRONICS LTD.
Court

Court of First Instance
Case number

HCMP3773/1997

Plaintiff is not a 'person aggrieved' within s100(1) because he is not the person whose name ought to be entered or omitted from the register; there was no breach of the articles since waivers of pre-emption were in writing (collectively) and no entitled member complained; the board resolutions were valid by Article 88 and the irregularity principle; therefore the Originating Summons discloses no reasonable cause of action and must be struck out; costs awarded on an indemnity basis because the claim was pursued for an improper purpose analogous to Piccadilly Radio.
18 Jul 1995

The Incorporated Owners of Beverley Heights v. Kwok Yui Sun

Citation

The Incorporated Owners of Beverley Heights v. Kwok Yui Sun
Court

Lands Tribunal
Case number

LDBM32/1995

Because the meeting notice did not specify the proposed resolution or disclose the respondent's interest as required by paragraph 8(2), the resolution was defective; furthermore secretarial and clerical duties are not duties or powers of the corporation within s18(2)(c), and committee members' payments are limited to statutory allowances under s18(2)(aa), therefore the payments were not authorized and the applicant succeeds.
29 Sept 1988

CHEUNG YAU BOR AND OTHERS v. WONG FOOK AND OTHERS

Citation

CHEUNG YAU BOR AND OTHERS v. WONG FOOK AND OTHERS
Court

Court of Appeal
Case number

CACV72/1988

The appeal is allowed in part because the trial judge erred in resolving a critical factual dispute (whether the appellant received notice) on conflicting affidavit evidence without calling and cross-examining witnesses; that unresolved factual issue is determinative of the validity of the majority's election and therefore the May 9 order (except paragraph 4) is set aside and the matter remitted to the trial judge to make the factual finding and, if necessary, reconsider appropriate relief in light of the Transport Department's discretion.

Hong Kong Case Law

CHAN KAM YAU AND ANOTHER v. CHAN HUI KI TUP AND OTHERS

LOHAS HOLDING LTD v. THE REGISTRAR OF COMPANIES AND ANOTHER

LEE CHICK CHOI v. SOCIETY OF WINE EDUCATORS - HONG KONG CHAPTER AND ANOTHER

XHCRX PETER H. YIP v. ASIAN ELECTRONICS LTD.

The Incorporated Owners of Beverley Heights v. Kwok Yui Sun

CHEUNG YAU BOR AND OTHERS v. WONG FOOK AND OTHERS