Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Voting rights in shares

Legal area

Court

4 Jun 2021

GOLDEN TALENT (HK) TECHNOLOGY CO LTD v. CAPITAL PILOT LTD

Citation

[2021] HKCFI 1624
Court

Court of First Instance
Case number

HCA823/2021

The application for interim‑interim relief was declined because the court was not satisfied the Plaintiff was likely to succeed at trial given the express terms of the Memorandum and Authorization Agreement which conferred irrevocable voting rights to the Defendant for a specified 42‑month term; the alleged urgency was self‑engineered and the balance of convenience favored maintaining the status quo under the Authorization Agreement pending a substantive hearing.
28 Nov 1989

LAM KIN MING AND ANOTHER v. TONY WONG CHUN LOONG AND OTHERS

Citation

LAM KIN MING AND ANOTHER v. TONY WONG CHUN LOONG AND OTHERS
Court

Court of First Instance
Case number

HCMP3182/1989

On the evidence before the court (affidavits only) the defendant did not raise an arguable case that the prior oral agreement displaced the clear written loan and security documents or that time was of the essence; it was not arguable that specific performance of the alleged oral agreement would be granted or that the written instruments were illegal under the Money Lenders Ordinance. Consequently the written loan and security document remain effective and clause 7 confers on Tabor the voting rights in respect of shares lodged with the 4th Defendant, while mortgagees (2nd and 3rd Defendants)…