Hong Kong Case Law: Decisions & Judgments

Topic

Validity of general meetings

Legal area

Court

3 Aug 2023

DU SHUI WING AND OTHERS v. FU KIN FUNG AND OTHERS

Citation

[2023] HKCFI 2016
Court

Court of First Instance
Case number

HCMP846/2019

The petitioners were not the successful party. The substantive disputes concerning appointment of directors and alleged mismanagement could and should have been addressed by statutory mechanisms or summary proceedings; the unfair prejudice petition was unnecessary. Given the parties' conduct and that the reconstitution of the board rendered the petition academic, fairness required that petitioners pay a substantial proportion of respondents' costs. Consequently petitioners ordered to pay 60% of respondents' costs up to discontinuance; receiver fees to be paid from company assets; additional o…
5 Dec 2022

CHOI CHING YUEN v. CHOI KA LING AND OTHERS

Citation

[2022] HKCFI 3645
Court

Court of First Instance
Case number

HCMP1935/2021

Because the plaintiff, as sole director and shareholder at the relevant times, did not receive any notice of the 1st and 2nd meetings and no special notice was given for removal, the 1st, 2nd and consequent 3rd meetings and all resolutions passed thereat were invalid; the ND2A forms filed at the Companies Registry derived from those invalid resolutions and must be removed; the plaintiff’s personal claim for return of company monies was misconceived and not entertained.
29 Jan 2015

YU ZHONGMIN v. SINODRAGON MARITIME LTD AND OTHERS

Citation

YU ZHONGMIN v. SINODRAGON MARITIME LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP1813/2014

The consent order must be read to limit the scope of the court-ordered meeting to matters directed by the order; the plaintiff attended the 7 July meeting and therefore it was not inquorate so article 56 could not properly be invoked to adjourn to a different time; the adjourned meeting on 14 July 2014 was held at a different time and on a notice that did not disclose the appointment resolution and is therefore invalid; accordingly the resolutions and the purported appointment of Tian Yuchen are null and void.

Hong Kong Case Law

DU SHUI WING AND OTHERS v. FU KIN FUNG AND OTHERS

CHOI CHING YUEN v. CHOI KA LING AND OTHERS

YU ZHONGMIN v. SINODRAGON MARITIME LTD AND OTHERS