Hong Kong Case Law: Decisions & Judgments

Topic

Procedural irregularities

Legal area

Court

23 Feb 2022

C AND ANOTHER v. A AND OTHERS

Citation

[2022] HKCFI 556
Court

Court of First Instance
Case number

HCMP607/2021

The Child was dewarded because there was no evidential basis that she required the protection of the High Court, the social investigation did not supply sufficient material to determine adoption, and the statutory scheme designates the District Court as the proper forum for applications under sections 23A and 5A of the Adoption Ordinance; accordingly transfer to the CFI and continuation of wardship were not justified.
20 Sept 2004

RE Y.K. ENGINEERING & PILING LTD

Citation

RE Y.K. ENGINEERING & PILING LTD
Court

Court of First Instance
Case number

HCCW674/2004

The court held that material procedural irregularities in the creditors' voluntary liquidation process (insufficient notice to members for the special resolution and failure to give postal notice to creditors simultaneously with the general meeting as required by s241(1)) rendered the voluntary liquidation invalid; therefore it could not be relied on to oppose the winding-up petition, and the petition was granted to wind up the company.
18 Apr 2000

Re UDL Employment Services Ltd.

Citation

Re UDL Employment Services Ltd.
Court

Court of First Instance
Case number

HCMP419/2000

The court applied the rights-based test for class constitution and held that internal creditors (including subsidiaries) were properly included in the voting class because their legal rights as to unsecured claims were not so dissimilar as to make consultation impracticable; disputed claims properly valued at zero after bona fide assessment may be excluded from voting; identified technical irregularities were waived; substantial independent creditor support existed and therefore the court would exercise its discretion to sanction the 25 Schemes, subject to the Stock Exchange approval conditio…
12 May 1978

SUNG TSANG TUNG v. MAKER INTERNATION ENTERPRISES AND ANOTHER

Citation

SUNG TSANG TUNG v. MAKER INTERNATION ENTERPRISES AND ANOTHER
Court

Court of Appeal
Case number

CACV38/1977

Because the plaintiff failed to prove the claimed special damages and prospective profits, the registrar was correct to award only nominal general damages of $1; the matter is remitted to the registrar to determine travel expenses actually incurred and whether the plaintiff mitigated his loss of salary and then reassess damages accordingly.

Hong Kong Case Law

C AND ANOTHER v. A AND OTHERS

RE Y.K. ENGINEERING & PILING LTD

Re UDL Employment Services Ltd.

SUNG TSANG TUNG v. MAKER INTERNATION ENTERPRISES AND ANOTHER