Naibu (H.K.) International Investment Ltd and Others v. The Registrar of Companies and Others

HCMP 534/2016
[2018] HKCFI 64

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 534 OF 2016

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Before: Hon Anthony Chan J in Chambers

Date of Hearing: 12 January 2018

Date of Decision: 12 January 2018

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D E C I S I O N

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1.I am satisfied on the material before the court, including the Statement of the Registrar of Companies filed on 11 April 2016, that the 2^nd to 4^th Applicants have not resigned from their directorship of the 1^st Applicant (Company) and the three Form ND4 purportedly giving notice of such resignation contain forged signatures of the 2^nd to 4^th Applicants.

2.Each of these Form ND4 and the Form ND2A, which purported to give notice that the 2^nd to 4^th Applicants had ceased to be directors of the Company and that the 2^nd Respondent had been appointed as a director of the Company, therefore contains false or invalid information.

3.I am satisfied that the Company has, and will continue to, suffer material damage due to the presence of the false information on the Companies Register.  There is no suggestion that anyone is interested to have the information preserved in the Register.

4.In the premise, I grant the order sought in para 31 of the written submissions of the Applicants as amended.

Ms Ifan Chan, instructed by S T Cheng & Co, for 1^st to 4^th Applicants

Attendance of the 1^st Respondent was excused

The 2^nd Respondent was not represented and did not appear

The 3^rd Respondent was not represented and did not appear

The 4^th Respondent was not represented and did not appear