Hong Kong Case Law: Decisions & Judgments

Topic

Share transfer disputes

Legal area

Court

24 Feb 2023

YEUNG LAI SZE RITZ (楊麗詩) (also known as YEUNG LAI SZE (楊麗詩)), the intended personal representative of the estate of YEUNG KAM (楊金) (also known as YEUNG KAM (楊鑫)) v. YEUNG KIN PANG (楊健鵬) AND OTHERS

Citation

[2023] HKCFI 695
Court

Court of First Instance
Case number

HCA235/2023

The application was dismissed because there was no urgency (the share transfer was known to the plaintiff since January 2022), there was an absence of concrete evidence of wrongdoing in the disposal of the shares, and the manner of prosecution of the application amounted to an abuse of process and misuse of the court's time; costs to be determined.
12 Mar 2020

TO YUK FUNG v. WU PUN YAN

Citation

[2020] HKCFI 400
Court

Court of First Instance
Case number

HCA644/2018

The appeal is allowed because the Master failed to analyse whether, on the materials available when the O.14 summons was issued, the Plaintiff knew or ought to have known that the Defendant had a triable issue/arguable defence; on the facts the O.14 application should not have been taken and costs (including the Master hearing costs) must be paid by the Plaintiff to the Defendant and taxed if not agreed; costs of the appeal also ordered against the Plaintiff with no certificate for two counsel.
9 Jun 2014

AMED HOLDING (HONG KONG) LTD v. WONG SY KEE AND OTHERS

Citation

AMED HOLDING (HONG KONG) LTD v. WONG SY KEE AND OTHERS
Court

Court of First Instance
Case number

HCA1879/2012

The application to stay the counterclaim was dismissed because the counterclaim is not properly severable from the Main Action given the common underlying factual background (notably the disputed intention of Father and the shares in AMED HK), the Main Action concerns Hong Kong land and will be heard in Hong Kong, and the Applicants failed to show the Malaysian court was clearly or distinctly a more appropriate forum; substantial justice can be achieved in Hong Kong.
2 Oct 2007

LUCKY SUN DEVELOPMENT LTD AND ANOTHER v. GAINSMATE INTERNATIONAL LTD AND OTHERS

Citation

LUCKY SUN DEVELOPMENT LTD AND ANOTHER v. GAINSMATE INTERNATIONAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCCT12/2007

The court discharged the ex parte injunction because the plaintiffs materially failed to disclose a live, central issue (potential Mainland tax liability and their relationship with Hebei Sunco) and failed to justify ex parte mandatory and anti-suit relief; however, on balance the court re-granted a limited order requiring the 1st and 2nd defendants to secure release of the Huigu shares as security because there is a serious question to be tried, potential inadequacy of damages, and the defendants retained sufficient other security so that the limited regrant was proportionate and just pendin…
19 Sept 2007

TSAI SHUI SHENG AND OTHERS v. HO HONG CHU

Citation

TSAI SHUI SHENG AND OTHERS v. HO HONG CHU
Court

Court of First Instance
Case number

HCA662/2007

The Statement of Claim disclosed no reasonable cause of action supporting interlocutory relief and the plaintiffs materially failed to disclose or exhibit documents that undermined their forgery and fraudulent transfer allegations; accordingly the ex parte injunction was improperly obtained and must be discharged.
25 Feb 1999

UNIONIX DEVELOPMENT LTD. v. ROE INVESTMENT LTD. AND ANOTHER

Citation

UNIONIX DEVELOPMENT LTD. v. ROE INVESTMENT LTD. AND ANOTHER
Court

Court of Appeal
Case number

CACV231/1998

Roe had a substantive financial interest in the timing and terms of the transfer (its 80% shareholding and shareholders' loan and exposure to variation in payment and interest) and was not in possession of the subject-matter in the manner required by O.17 r.3(4)(c); accordingly Roe was not entitled to interpleader relief and the appeals must be allowed, but issues of liability for delayed transfer and quantum of damages require determination at first instance and are remitted to Yam J.
8 Aug 1997

LIN YIH FUH AND ANOTHER v. YONG YEOU NAVIGATION CO LTD AND OTHERS

Citation

LIN YIH FUH AND ANOTHER v. YONG YEOU NAVIGATION CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW322/1997

There was a strong prima facie case of misconduct by YM Wu and his family in effecting share transfers, appointing directors and handling company funds so as to disturb the agreed balance of control; petitioners had justifiably lost confidence and there was urgency and balance of convenience in keeping provisional liquidators in office pending determination, therefore the provisional liquidators should remain appointed.

Hong Kong Case Law

YEUNG LAI SZE RITZ (楊麗詩) (also known as YEUNG LAI SZE (楊麗詩)), the intended personal representative of the estate of YEUNG KAM (楊金) (also known as YEUNG KAM (楊鑫)) v. YEUNG KIN PANG (楊健鵬) AND OTHERS

TO YUK FUNG v. WU PUN YAN

AMED HOLDING (HONG KONG) LTD v. WONG SY KEE AND OTHERS

LUCKY SUN DEVELOPMENT LTD AND ANOTHER v. GAINSMATE INTERNATIONAL LTD AND OTHERS

TSAI SHUI SHENG AND OTHERS v. HO HONG CHU

UNIONIX DEVELOPMENT LTD. v. ROE INVESTMENT LTD. AND ANOTHER

LIN YIH FUH AND ANOTHER v. YONG YEOU NAVIGATION CO LTD AND OTHERS