Hong Kong Case Law: Decisions & Judgments

Topic

Voidable disposition

Legal area

Court

18 Oct 2019

LAW SAU WAH v. LAU CHU MUI, the Personal Representative of Lam Kwok Kum, Deceased AND ANOTHER

Citation

[2019] HKCFI 2519
Court

Court of First Instance
Case number

HCA1219/2013

The judge rejected the plaintiff's account as insufficiently credible due to material internal inconsistencies between her pleaded case, witness statement and oral evidence (notably the Further Statement), and the absence of reliable documentary support; on that basis the court did not accept that the alleged Agreement existed or that the assignment was made to defraud the plaintiff, and the plaintiff's equitable claim failed.
7 Apr 2014

CHEUNG HING v. WONG CHOR CHEUNG AND OTHERS

Citation

CHEUNG HING v. WONG CHOR CHEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA925/2010

The consent order was properly construed as requiring that a sale not be secretly conducted to exclude the plaintiff; the Best Century agreement was a sham orchestrated to preserve control by the 1st defendant, the corporate veil was pierced to reveal Best Century as the 1st defendant's alter ego, Best Century was not a bona fide purchaser for value without notice, and the plaintiff had standing to bring personal and derivative claims; accordingly the agreement was void, registration vacated and injunctive and costs relief granted.
31 Jul 2013

PIONEER IRON AND STEEL GROUP CO LTD (IN LIQUIDATION IN THE BVI) v. CHEN NINGNING AND OTHERS

Citation

PIONEER IRON AND STEEL GROUP CO LTD (IN LIQUIDATION IN THE BVI) v. CHEN NINGNING AND OTHERS
Court

Court of First Instance
Case number

HCMP1827/2013

The Court of Appeal allowed the ex parte appointment of an interim receiver to preserve the status quo over the contested PMC Shares because the plaintiff pursued a proprietary claim, confidentiality and enforcement difficulties in the PRC made damages potentially inadequate, and the appeal court's role under Order 59 rule 14(3B) is confined to re‑considering ex parte relief and its terms rather than deciding inter partes merits.
25 Mar 2011

CHINA CONSTRUCTION REALITY LTD v. SINO BUSINESS SERVICES PROPRIETARY LTD AND OTHERS

Citation

CHINA CONSTRUCTION REALITY LTD v. SINO BUSINESS SERVICES PROPRIETARY LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1294/2005

The Lucky Dragon Agreement constituted a disposition of the Shares with intent to defraud the plaintiff under s60(1); Lucky Dragon failed to prove it was a bona fide purchaser for valuable consideration without notice under s60(3), was part of the conspiracy, and therefore the sale is set aside, Lucky Dragon liable for conspiracy damages and ordered to disclose and facilitate restoration and to pay costs on an indemnity basis.

Hong Kong Case Law

LAW SAU WAH v. LAU CHU MUI, the Personal Representative of Lam Kwok Kum, Deceased AND ANOTHER

CHEUNG HING v. WONG CHOR CHEUNG AND OTHERS

PIONEER IRON AND STEEL GROUP CO LTD (IN LIQUIDATION IN THE BVI) v. CHEN NINGNING AND OTHERS

CHINA CONSTRUCTION REALITY LTD v. SINO BUSINESS SERVICES PROPRIETARY LTD AND OTHERS