Hong Kong Case Law: Decisions & Judgments

Topic

Share transfer agreement

Legal area

Court

25 Jul 2023

QINHE ENERGY HOLDINGS LTD v. PENG FEI INVESTMENT INTERNATIONAL LTD

Citation

[2023] HKCFI 1872
Court

Court of First Instance
Case number

HCA1579/2021

Defendant discharged the threshold for an arguable defence by adducing credible expert evidence that substantial undisclosed PRC tax liabilities and related penalties may exist; those factual and legal disputes (including construction whether potential liabilities fall within contractual deduction clauses) are triable and cannot be rejected as fanciful at interlocutory stage; accordingly summary judgment and interim payment were refused and defendant permitted unconditional leave to defend; however, security for costs was refused because the defendant must prosecute its counterclaim in any ev…
30 Dec 2009

WEI JIYANG v. TEO KUNG KIN AND OTHERS

Citation

WEI JIYANG v. TEO KUNG KIN AND OTHERS
Court

Court of First Instance
Case number

HCA146/2009

Defendants’ oral and vague assertions were contradicted by contemporaneous written documentation and lacked particularisation; therefore there was no real triable issue and summary judgment was appropriate. The Loan Agreement is enforceable and supports judgment for RMB 3.28 million against Teo and Lau; the Share Transfer Agreement is enforceable and Teo must transfer his Daat HK share as contracted.
18 May 2007

CHEUNG SAI LUN v. LAU TAI CHIN FRANCIS AND ANOTHER

Citation

CHEUNG SAI LUN v. LAU TAI CHIN FRANCIS AND ANOTHER
Court

Court of First Instance
Case number

HCCW677/2004

Winding up order granted because the Company had ceased operations and lost its substratum and there was a breakdown of mutual trust and confidence; there was no binding unconditional agreement to sell the petitioner’s shares for a nominal consideration (the annexure was unsigned); petitioner’s misconduct did not bar winding up on the substratum ground; petition was not a collateral abuse.
3 Oct 2002

FUNG KEI MAN v. IP WAI HUNG AND OTHERS

Citation

FUNG KEI MAN v. IP WAI HUNG AND OTHERS
Court

Court of First Instance
Case number

HCCW1080/2000

There was no agreement to transfer the shares and there was no unfair prejudice; however, the 1st Respondent's allegation of an agreement introduced a distinct issue that imposed unnecessary litigation and expense, justifying confirmation of the costs order nisi that the Petitioner bear half the petition costs; no order as to costs of the variation hearing.

Hong Kong Case Law

QINHE ENERGY HOLDINGS LTD v. PENG FEI INVESTMENT INTERNATIONAL LTD

WEI JIYANG v. TEO KUNG KIN AND OTHERS

CHEUNG SAI LUN v. LAU TAI CHIN FRANCIS AND ANOTHER

FUNG KEI MAN v. IP WAI HUNG AND OTHERS