Woo Chu v. Hsin Kuang Restaurant (Holdings) Ltd

HCMP 2746/2017, HCMP 2747/2017, HCMP 2748/2017,
HCMP 2749/2017, HCMP 2750/2017, HCMP 2751/2017 and
HCMP 2752/2017 (Heard Together)

[2018] HKCFI 640

HCMP 2746/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2746 OF 2017

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AND

HCMP 2747/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2747 OF 2017

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AND

HCMP 2748/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2748 OF 2017

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AND

HCMP 2749/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2749 OF 2017

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AND

HCMP 2750/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2750 OF 2017

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AND

HCMP 2751/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2751 OF 2017

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AND

HCMP 2752/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2752 OF 2017

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(HEARD TOGETHER)

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D E C I S I O N

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1.I have before me seven originating summonses seeking extensions of time pursuant to the Companies Ordinance (Cap 662) for the holding of general meetings and the laying of financial statements before the Companies in general meetings for the financial years ending 31 March 2016 and 31 March 2017. In the case of the latter year, the extensions are very small and in the case of six of the companies, only five days. In the case of the 2016 financial year, the period is longer, namely, nine months.

2.The evidence filed on behalf of the Companies explains the reasons why there was a delay in dealing with the 2016 accounts which arose in part because of delays in the audit of the Companies whose businesses had been closed down, and also difficulties in the conduct of the general meetings. It would appear that the applications have been made largely because a shareholder has made a complaint to the Companies Registry about the breaches of sections 610 and 429 of the Ordinance which, as I have already observed in the case of the financial year 2016 to 2017, is highly technical. 

3.It seems to me that the non-compliance is fairly described as inadvertent and I will extend the time and make orders in terms of the seven originating summonses other than for the correction of an error in paras 1 and 2 of each of the originating summonses, where the financial year is stated to end on 31 December rather than the 31 March, needs to be amended, and in the case of HCMP 2746/2017, the relevant period is extended to 8 February 2018 rather than 5 January 2018.

Mr Michael Lok, instructed by Ribeiro Hui, for the plaintiff (in all cases)

Mr Kaiser Leung, instructed by Benny Pang & Co, for the defendants (in HCMP 2747 & 2751/2017)

Attendance of the defendants in HCMP 2746, 2748, 2749, 2750 & 2752/2017 was excused