Hong Kong Case Law: Decisions & Judgments

Topic

Notice requirements for meetings

Legal area

Court

5 Dec 2022

CHOI CHING YUEN v. CHOI KA LING AND OTHERS

Citation

[2022] HKCFI 3645
Court

Court of First Instance
Case number

HCMP1935/2021

Because the plaintiff, as sole director and shareholder at the relevant times, did not receive any notice of the 1st and 2nd meetings and no special notice was given for removal, the 1st, 2nd and consequent 3rd meetings and all resolutions passed thereat were invalid; the ND2A forms filed at the Companies Registry derived from those invalid resolutions and must be removed; the plaintiff’s personal claim for return of company monies was misconceived and not entertained.
22 Jun 2015

FOO TAK CHING THE MANAGER OF “WAH YAN MO FAN HEUNG v.TANG MAN KIT otherwise known as TANG MAN KIT, TERRY

Citation

FOO TAK CHING THE MANAGER OF “WAH YAN MO FAN HEUNG v.TANG MAN KIT otherwise known as TANG MAN KIT, TERRY
Court

Court of First Instance
Case number

HCMP3361/2014

The application was refused because the new allegation about the 2014 meeting and the further membership explanations were unnecessary for the fair disposal of the issues before the court, the defendant could have raised or explained membership matters earlier, and the defendant's letter to plaintiff solicitors sufficed to preserve arguments about notice; documents could be included by consent without a further affirmation.
31 Jan 2005

THE INCORPORATED OWNERS OF ALLIANCE BUILDING v. ELEGANT FUND INVESTMENT LTD

Citation

THE INCORPORATED OWNERS OF ALLIANCE BUILDING v. ELEGANT FUND INVESTMENT LTD
Court

Lands Tribunal
Case number

LDBM191/2004

The tribunal held that the resolution was valid because the raising of funds was ancillary to the matters in the notice and caused no prejudice; the management committee had authority under the Ordinance to determine and apportion contributions; the tender process and selection of contractor were objectively unimpeachable; the ineligibility of a committee member was a technical defect that did not nullify committee acts in the absence of prejudice; accordingly the Respondent was liable to pay its share (HKD 35,000) with interest and a costs order was made.

Hong Kong Case Law

CHOI CHING YUEN v. CHOI KA LING AND OTHERS

FOO TAK CHING THE MANAGER OF “WAH YAN MO FAN HEUNG v.TANG MAN KIT otherwise known as TANG MAN KIT, TERRY

THE INCORPORATED OWNERS OF ALLIANCE BUILDING v. ELEGANT FUND INVESTMENT LTD