Hong Kong Case Law: Decisions & Judgments

Topic

Share ownership

Legal area

Court

9 Sept 2022

DENG ZHONG LIANG v. CHOW HEUNG YUET

Citation

[2022] HKCFI 2763
Court

Court of First Instance
Case number

HCA775/2017

On the balance of contemporaneous documentary evidence, handwriting expert opinion and credible oral testimony, the court found the plaintiff provided the purchase funds and an agreement was reached (or alternatively a resulting trust arose) so the defendant holds the 311,000 CLP shares or their proceeds on trust for the plaintiff; accordingly declaratory, proprietary and ancillary relief were ordered.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE AUCTIONEERS LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2012/2009

The court stayed the subsidiary company actions pending determination of the Probate Action because the Probate Action directly raises the primary question of legal and beneficial ownership of the deceased's shares; resolution of that question is determinative of the plaintiff's claims for registration and for an account of dividends and therefore a stay is appropriate.
3 Mar 2017

HOH HAN KEYET v. ARTIMAX INVESTMENT LTD AND OTHERS

Citation

HOH HAN KEYET v. ARTIMAX INVESTMENT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV161/2016

The Court upheld the trial judge's factual finding that the family meeting minutes did not fully and accurately record discussions and accepted the oral evidence (notably George) that there was no discussion that the Artimax shares would be held on trust for SYM; appellants failed to discharge the burden of proving an express or constructive trust; appeal dismissed with costs.
23 May 2014

Z v. X

Citation

Z v. X
Court

Court of Final Appeal
Case number

FACV19/2013

The Court refused to review the concurrent factual finding that the 83.1% shareholding belonged to the husband because there was evidential basis (indeed ample evidence) for that finding, the asserted misapprehension as to percentage did not vitiate the finding in the circumstances, and the trial judge applied the correct standard of proof; accordingly the appeals failed and were dismissed.
23 Aug 2012

SHERRYKNOLL ENTERPRISES LTD AND ANOTHER v. GRAND POWER LTD

Citation

SHERRYKNOLL ENTERPRISES LTD AND ANOTHER v. GRAND POWER LTD
Court

Court of First Instance
Case number

HCA1599/2009

The application for leave to appeal was dismissed because the plaintiffs failed to show reasonable prospects of success; the judge found only serious questions to be tried, concluded the discretionary balance of convenience (including adequacy of damages, undertakings, risk of empty judgment and share price evidence) did not favour granting leave, and therefore refused leave and awarded costs to the defendant.
7 Jan 2011

YI CHUN NAVIGATION INC. v. LU WEN YUN, JENNY AND ANOTHER

Citation

YI CHUN NAVIGATION INC. v. LU WEN YUN, JENNY AND ANOTHER
Court

Court of First Instance
Case number

HCCW565/2006

Having evaluated the documentary, expert and factual evidence and rejected Madam Lu as an unreliable witness and the Shum expert evidence as unsafe, the court found the OOCL declarations referred to OOCL shares and were authentic; Dr Strach's expert conclusions were persuasive; consequently Madam Lu holds 350,000 OOCL shares on trust for J&D Industrial (HK) Limited and the shares allotted to her on capitalisation of US$1,500,000 in Liyou are held on trust for Yi Chun; orders and costs follow.

Hong Kong Case Law

DENG ZHONG LIANG v. CHOW HEUNG YUET

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE AUCTIONEERS LTD

HOH HAN KEYET v. ARTIMAX INVESTMENT LTD AND OTHERS

Z v. X

SHERRYKNOLL ENTERPRISES LTD AND ANOTHER v. GRAND POWER LTD

YI CHUN NAVIGATION INC. v. LU WEN YUN, JENNY AND ANOTHER