Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Shareholders dispute

  • 7 Dec 2023

    GENG HUA ZHONG AND OTHERS v. LI SHU HON AND ANOTHER

    Citation
    [2023] HKCFI 3118
    Court
    Court of First Instance
    Case number
    HCCW403/2017

    The petitioners failed to plead and prove a prima facie case justifying a just and equitable winding up; the alleged 2007 emails did not impose ongoing equitable constraints; audited accounts were unchallenged and there was no evidential basis to go behind them; the respondent's fair buyout/voluntary winding up offer made the petitions unreasonable; accordingly there was no case to answer and the petitions were dismissed with costs.

  • 23 Apr 2014

    PEVONIA INTERNATIONAL LLC v. PEVONIA ASIA LTD

    Citation
    PEVONIA INTERNATIONAL LLC v. PEVONIA ASIA LTD
    Court
    Court of First Instance
    Case number
    HCCW417/2012

    The court found the Company failed to show a bona fide defence on substantial grounds: the alleged 2009 understanding was not a binding contract between the Petitioner and the Company; the Petitioner validly held the debts (assignment supported and equitable estoppel applied because the Company repeatedly acknowledged and dealt with the Petitioner as creditor); the factual denials lacked credible supporting evidence; any cross-claim was quantitatively and evidentially insufficient to equal or exceed the petitioning debt; accordingly a winding-up order was made and costs ordered nisi to be pai…