24 Feb 2022
The Judge's refusal to order security for costs was not plainly wrong because the plaintiff's 12% holding in a cash‑rich family company constituted a realistic measure of security and enforcement by charging order and order for sale was available; the exercise of discretion was within lawful bounds and leave to appeal was therefore refused.
8 Dec 2014
On the balance of probabilities the judge found that Wong Ching was the real person in de facto control of ATV through arrangements with BK Wong and the Wong aligned directors, that those arrangements and conduct were designed to circumvent statutory residency/control requirements and misled the Communications Authority, and that this conduct was unfairly prejudicial to Antenna; accordingly extraordinary structural relief (appointment of managers and ordering sale of Panfair shares) was justified to remedy and prevent recurrence, and indemnity for the HK$1,000,000 regulatory fine was to be or…
1 Nov 2012
The District Court has jurisdiction under section 52AB(3) of the District Court Ordinance to order the sale of shares subject to a charging order; despite contractual transfer restrictions in the articles of association and the risk that directors may refuse to register transfers, the court may exercise its equitable jurisdiction to order a sale with appropriate directions. Accordingly the master’s dismissal was set aside and an order for sale of the 9,999 shares was granted with specified procedural safeguards including opportunity for existing shareholders to purchase, plaintiff conduct of…