Hong Kong Case Law: Decisions & Judgments

Topic

Section 111(2) companies ordinance

Legal area

Court

15 Aug 2013

STANDARD BANK OFFSHORE TRUST COMPANY JERSEY LTD v. BELGRAVIA PROPERTIES LTD

Citation

STANDARD BANK OFFSHORE TRUST COMPANY JERSEY LTD v. BELGRAVIA PROPERTIES LTD
Court

Court of First Instance
Case number

HCMP1148/2013

The application to join Ms Lu was refused because it was made very late and would likely delay the hearing, the challenged paragraphs did not allege wrongdoing against her and were not material to the court’s determination of the s111(2) claim, and the board did not oppose a shareholders’ meeting making joinder unnecessary.
31 Aug 2010

ZHANG ZHI RONG v. ASIAFAIR INTERNATIONAL LTD

Citation

ZHANG ZHI RONG v. ASIAFAIR INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCMP1441/2010

Relief under s111(2) and s122(1B) was granted because the defaults were inadvertent, the ultimate owners were aware of the companies' financial positions so shareholders suffered no prejudice, and future compliance was likely; however, relief was conditioned on an undertaking that the applicants notify The Stock Exchange and prospective investors of the order and the reasons for it.
6 Jan 2010

LUK HIN MAN LAWRENCE AND ANOTHER v. LOK HIN CHING AND OTHERS

Citation

LUK HIN MAN LAWRENCE AND ANOTHER v. LOK HIN CHING AND OTHERS
Court

Court of First Instance
Case number

HCMP2456/2009

Article 7 does not automatically terminate directorships in the absence of an ordinary general meeting; notwithstanding the disputes between the shareholders, the court will exercise its power under section 111(2) to order that an AGM be convened to allow the company to regulate its affairs; no order as to costs was made.
6 Jun 2007

RE THE COMFORT CARE CONCERN GROUP

Citation

RE THE COMFORT CARE CONCERN GROUP
Court

Court of First Instance
Case number

HCMP955/2007

The court exercised its discretion under s.111(2) and granted the relief because the omission to hold the AGM in calendar year 2006 was inadvertent, making this an appropriate case to call a meeting and deem one member present to constitute a meeting.

Hong Kong Case Law

STANDARD BANK OFFSHORE TRUST COMPANY JERSEY LTD v. BELGRAVIA PROPERTIES LTD

ZHANG ZHI RONG v. ASIAFAIR INTERNATIONAL LTD

LUK HIN MAN LAWRENCE AND ANOTHER v. LOK HIN CHING AND OTHERS

RE THE COMFORT CARE CONCERN GROUP