Hong Kong Case Law: Decisions & Judgments

Topic

Unfair prejudice s.168a

Legal area

Court

26 Oct 2007

YEARICH LTD v. MOSTOP LTD AND OTHERS

Citation

YEARICH LTD v. MOSTOP LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP850/2007

The court held that conduct relied upon must, in substance and reality, be conduct of the affairs of the subject company; petitions relating to dormant 'shelf' companies that have no assets and no material interaction with the alleged misconduct are plainly untenable and were struck out, whereas petitions concerning property‑holding companies, Sparkling Wine, Step Further and Insomnia Singapore could not be struck out at interlocutory stage because there is sufficient pleaded interdependence or potential impact (eg financial guarantees, pooled management, loss of listing opportunity, interfer…
5 Aug 2003

WONG MAN YIN v. RICACORP PROPERTIES LTD AND OTHERS

Citation

WONG MAN YIN v. RICACORP PROPERTIES LTD AND OTHERS
Court

Court of Final Appeal
Case number

FACV14/2002

The appeal is dismissed. The deputy judge erred by being inconsistent: having found the allotments bona fide and not unfairly prejudicial he could not thereafter treat the respondents' subscription moneys as loans for valuation; the Court of Appeal's directions stand that the subscription moneys be treated as capital and the petitioner's shares valued by reference to an issued capital of 50,000,000 shares, and that the respondents collectively are entitled to the 20% bonus (to be apportioned between continuing directors) rather than only two-thirds for valuation purposes.
18 Feb 2000

LAM SO YUK HANG MINNIE AND OTHERS v. SUPERYIELD HOLDINGS LTD. AND OTHERS

Citation

LAM SO YUK HANG MINNIE AND OTHERS v. SUPERYIELD HOLDINGS LTD. AND OTHERS
Court

Court of First Instance
Case number

HCMP6440/1998

Judge found on the evidence that the 2nd respondent arranged and provided the funds for the purchase of the Ascot Villa Property and was the beneficial owner of Superyield Holdings Ltd and Superyield Construction; the deceased was a nominee/director only and had no beneficial interest; any presumption of resulting trust was displaced by evidence and by the presumption of advancement in the familial relationship; accordingly the petition alleging unfair prejudice failed and must be dismissed.

Hong Kong Case Law

YEARICH LTD v. MOSTOP LTD AND OTHERS

WONG MAN YIN v. RICACORP PROPERTIES LTD AND OTHERS

LAM SO YUK HANG MINNIE AND OTHERS v. SUPERYIELD HOLDINGS LTD. AND OTHERS