Hong Kong Case Law: Decisions & Judgments

Topic

Shareholders' dispute

Legal area

Court

20 May 2020

TSANG WOON MING v. LAI KA LIM also known as LAI KAI LIM AND OTHERS

Citation

[2020] HKCFI 891
Court

Court of First Instance
Case number

HCCW407/2016

Application refused in respect of Lin and Ho because the application was late, lacked good reason (witnesses could have quarantined after advance notice of GAP expiry), convenience and business commitments do not justify VCF for witnesses whose credibility is central, and VCF would cause prejudice and impair proper assessment of evidence; application granted for Ms Li Biyun because there was accepted evidence she could not travel and practical arrangements for a single VCF witness could be made without causing adjournment or prejudice.
13 Feb 2012

WELL JOINT TRADING LTD v. CHIU CHUNG CHIU also known as CHIU CHUNG CHIU THOMAS AND OTHERS

Citation

WELL JOINT TRADING LTD v. CHIU CHUNG CHIU also known as CHIU CHUNG CHIU THOMAS AND OTHERS
Court

Court of First Instance
Case number

HCA1768/2011

The court held that the plaintiff demonstrated a good arguable case, there were assets within the jurisdiction subject to a real risk of dissipation, the balance of convenience favoured the plaintiff, and there was no material non‑disclosure at the ex parte stage; accordingly the ex parte Mareva injunction was continued until trial or further order and the plaintiff's undertaking in damages did not require fortification.
20 Aug 2010

UPPLAN CO LTD v. LI HO MING AND ANOTHER

Citation

UPPLAN CO LTD v. LI HO MING AND ANOTHER
Court

Court of First Instance
Case number

HCA1915/2009

The court appointed Mr Roderick Sutton and Mr Fok Hei Yu because, on the material before the court, they possessed relatively more relevant experience in acting as receivers for companies intended to continue trading during resolution of shareholder disputes, and the modestly higher fees did not outweigh that suitability; the appointment was authorized by the parties' consent order and could be made without a hearing.
24 Apr 2001

WONG TIN CHEE TINLY AND OTHERS v. WONG TO YICK AND ANOTHER

Citation

WONG TIN CHEE TINLY AND OTHERS v. WONG TO YICK AND ANOTHER
Court

Court of First Instance
Case number

HCCW668/2000

On the assumed facts the Company was solvent, profitable and subject to a validation order; there was an available statutory alternative (s.168A buy-out) which would afford the Petitioners the relief they sought; there was no real prospect of a winding-up order and it was unreasonable to maintain a winding-up claim that would harm innocent shareholders and the Company; accordingly the winding-up claim was struck out.

Hong Kong Case Law

TSANG WOON MING v. LAI KA LIM also known as LAI KAI LIM AND OTHERS

WELL JOINT TRADING LTD v. CHIU CHUNG CHIU also known as CHIU CHUNG CHIU THOMAS AND OTHERS

UPPLAN CO LTD v. LI HO MING AND ANOTHER

WONG TIN CHEE TINLY AND OTHERS v. WONG TO YICK AND ANOTHER