Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

S.182 companies ordinance

Legal area

Court

13 Jul 2000

EXCEL NOBLE DEVELOPMENT LTD. AND ANOTHER v. WAH NAM GROUP LTD.

Citation

EXCEL NOBLE DEVELOPMENT LTD. AND ANOTHER v. WAH NAM GROUP LTD.
Court

Court of First Instance
Case number

HCCW130/2000

The court perfected the prior validation order because the new affidavit evidence did not demonstrate clearly that the Company's supporting materials were false; on interlocutory evidence the court will not resolve disputed facts or decline validation absent clear proof of fabrication and because the cash subscription for shares at 10 cents (above available net assets per share) would not likely prejudice contributories.
13 Jul 2000

HCK CHINA INVESTMENTS LTD. AND ANOTHER v. WAH NAM GROUP LTD.

Citation

HCK CHINA INVESTMENTS LTD. AND ANOTHER v. WAH NAM GROUP LTD.
Court

Court of First Instance
Case number

HCCW166/2000

Given the interlocutory nature of the validation application, the cash subscription at 10 cents per share and the absence of clear, incontrovertible evidence that the supporting documents were fabricated, the Court exercised its discretion to perfect the earlier validation order; disputed factual allegations on affidavit did not justify refusing validation absent clear proof of falsehood.