Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Summary relief
  • 21 Dec 2009

    CHINA MAGIC ENTERPRISES LTD v. BENEFUN INTERNATIONAL HOLDINGS LTD

    Citation
    CHINA MAGIC ENTERPRISES LTD v. BENEFUN INTERNATIONAL HOLDINGS LTD
    Court
    Court of First Instance
    Case number
    HCMP1132/2009

    Benefun cannot refuse registration: Article 13 and the Listing Rules require registration to treat the registered holder as having absolute title in respect of fully paid shares; directors cannot resolve competing equitable claims raised in separate litigation nor demand additional proof in these circumstances; Arts.39 and 41(e) do not apply to fully paid shares free of lien, so Benefun's asserted equitable lien or constructive trust does not justify refusal without court determination and/or interim relief.