Hong Kong Case Law: Decisions & Judgments

HUI KWOK WAH v. HUANG HSIN YANG AND OTHERS

Citation

HUI KWOK WAH v. HUANG HSIN YANG AND OTHERS

Court

Court of First Instance

Case number

HCMP1744/2006

Resolutions passed at Grand Palace's 12 December 2005 EGM are invalid because the meeting was inquorate under AA Article 23 (members present held only 50% of paid‑up share capital); subsequent participation in other inquorate meetings did not amount to waiver or estoppel of the quorum requirement.

10 Dec 2004

KAIS BIN TARIK AL SAID v. CANAMERICAN HOLDINGS LTD AND OTHERS

Citation: KAIS BIN TARIK AL SAID v. CANAMERICAN HOLDINGS LTD AND OTHERS
Court: Court of First Instance
Case number: HCMP2767/2004

The interlocutory injunction was refused because, although there were arguable triable issues, the balance of convenience favoured the respondents: the Company faced reasonably imminent and potentially grave financial obligations under put agreements and required funds; the petitioner had received adjusted dividend proceeds and chose not to use them to subscribe; any loss from further dilution could be compensated in the substantive petition and there was no basis to impair the Company's ability to meet liabilities by granting the injunction.