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Hong Kong decisions
Decisions matching the current search
The court held that two directors had actual authority under the company’s articles to issue the bond, and that the bond transaction was supported by consideration.
Court construed the commission-sharing agreement as requiring referral of merchants, not merely introduction of Alipay, so the plaintiff’s claim failed.
The Court of First Instance held the 2014 loan documents, first mortgage, 2016 board minutes, and further mortgage void, and dismissed China Rise’s counterclaim.
The court held that beneficial ownership may matter to ratification under Duomatic, but set aside an issue-based third party notice because joinder was unnecessary and duplicative.
The Court granted summary judgment, holding that the bank officer had authority to appoint receivers and that the deed of appointment was validly executed.
The District Court dismissed an employees’ compensation claim after finding no binding employment agreement, no authority for Mr Lai, and no proved employment relationship.
The Court of Appeal held that a member of a charitable company had locus standi to seek leave for a statutory derivative action, but leave was granted only for two claims.
The District Court found the defendants were tenants, not holders of a transferred possessory title, and ordered vacant possession, rent arrears, and mesne profits.
The court held that D2 had not signed or authorised the power of attorney and had not ratified the loan agreement. The claim against D2 was dismissed.
The Court of Appeal held the pleaded fiduciary-duty claims were not plainly unarguable, set aside strike-out orders, and allowed amendment and a joint trial.
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