Hong Kong Case Law: Decisions & Judgments

Topic

Share certificates

Legal area

Court

27 Sept 2024

YEUNG MEI LEE, in her capacity as the Joint and Several Receiver and Manager over entire issued shares of Forever Winner International Development Limited who acts without personal liability v. FOREVER WINNER INTERNATIONAL DEVELOPMENT LTD

Citation

[2024] HKCFI 2784
Court

Court of First Instance
Case number

HCMP2181/2020

Because the defendant failed to comply with the 16 December 2020 orders to register the transfer of 1,534,825,952 shares and to issue share certificate(s), and the defendant did not attend or oppose the application, the court granted the summons dated 30 July 2024 and appointed a person (Mr Chung Ching Yin) to carry out the orders of 16 December 2020 to effect registration and issuance of share certificate(s).
16 Sept 2021

YEO BOON ANN AND ANOTHER v. MARSPAN LTD AND ANOTHER

Citation

[2021] HKCFI 2799
Court

Court of First Instance
Case number

HCMP2230/2020

The 999 shares registered in the name of the bankrupt vested in the trustees by operation of law on the bankruptcy order under s58 and are not excluded from the bankrupts estate by s43(3) because the bankrupt held a beneficial interest; the trustees met the companys article requirements to be registered and to obtain a certificate; competing beneficial claims by third parties do not prevent vesting of legal title and are to be resolved in the appropriate proceedings, not by refusing the trustees registration.
10 Sept 2014

CHINA INVESTMENT DEVELOPMENT LTD v. WONG CHEE KUEN AND ANOTHER

Citation

CHINA INVESTMENT DEVELOPMENT LTD v. WONG CHEE KUEN AND ANOTHER
Court

Court of First Instance
Case number

HCMP885/2014

Interpleader relief under Order 17 R1(a) did not apply because the applicant's obligation to issue replacement share certificates was not a liability in respect of a debt, money or goods and the applicant did not expect to be sued; and Companies Ordinance s633 could not be invoked because the applicant was incorporated in Bermuda and thus did not fall within the statutory definition of "company" under the Ordinance; accordingly the interpleader proceedings were dismissed.
17 Jul 2014

ASPIAL INVESTMENT LTD AND OTHER v. MAYER CORPORATION DEVELOPMENT INTERNATIONAL LTD

Citation

ASPIAL INVESTMENT LTD AND OTHER v. MAYER CORPORATION DEVELOPMENT INTERNATIONAL LTD
Court

Court of Final Appeal
Case number

FACV17/2013

The appeal was dismissed because the trial judge's findings (that both oral agreements existed and that the disputed Custodian Agreement was not authentic) were concurrent with the Court of Appeal and there were no exceptional circumstances warranting review; Mayer BVI failed to prove authenticity of the disputed document on the balance of probabilities and could not rely on unpleaded issues of authority or fraud.
23 Jul 2012

SHERRYKNOLL ENTERPRISES LTD AND OTHERS v. GRAND POWER LTD

Citation

SHERRYKNOLL ENTERPRISES LTD AND OTHERS v. GRAND POWER LTD
Court

Court of First Instance
Case number

HCA1599/2009

Application refused: plaintiffs demonstrated only serious questions to be tried not the high degree of assurance required for a mandatory interlocutory injunction; balance of convenience favoured refusal because damages were adequate, risk of injustice from granting injunction was greater, and the defendant's contested factual case was capable of belief requiring trial determination.
8 Dec 1998

HSBC SECURITIES ASIA LTD. v. HANG SENG BANK LTD. AND OTHERS

Citation

HSBC SECURITIES ASIA LTD. v. HANG SENG BANK LTD. AND OTHERS
Court

Court of First Instance
Case number

HCMP3070/1998

Having compensated the registered holders for the stolen shares, the plaintiff is in equity entitled to subrogation and qualifies as a person aggrieved under section 100 of the Companies Ordinance; the court therefore has jurisdiction and should exercise its discretion to order rectification of the share registers and consequential relief to ensure the plaintiff's title to the shares.
8 Dec 1998

HSBC SECURITIES ASIA LTD. v. HSBC HOLDINGS PLC AND OTHERS

Citation

HSBC SECURITIES ASIA LTD. v. HSBC HOLDINGS PLC AND OTHERS
Court

Court of First Instance
Case number

HCMP3071/1998

Because the plaintiff fully compensated the registered holders for shares stolen in July 1992, equity entitles the plaintiff to subrogation and therefore it is a person aggrieved under s100 of the Companies Ordinance; exercise of the court's discretion to rectify the share registers and to grant consequential declarations and ancillary relief was appropriate and justified.

Hong Kong Case Law

YEUNG MEI LEE, in her capacity as the Joint and Several Receiver and Manager over entire issued shares of Forever Winner International Development Limited who acts without personal liability v. FOREVER WINNER INTERNATIONAL DEVELOPMENT LTD

YEO BOON ANN AND ANOTHER v. MARSPAN LTD AND ANOTHER

CHINA INVESTMENT DEVELOPMENT LTD v. WONG CHEE KUEN AND ANOTHER

ASPIAL INVESTMENT LTD AND OTHER v. MAYER CORPORATION DEVELOPMENT INTERNATIONAL LTD

SHERRYKNOLL ENTERPRISES LTD AND OTHERS v. GRAND POWER LTD

HSBC SECURITIES ASIA LTD. v. HANG SENG BANK LTD. AND OTHERS

HSBC SECURITIES ASIA LTD. v. HSBC HOLDINGS PLC AND OTHERS