Fok Lai Lor Nora v. Fok Ying Tung Ming Yuan Development Co Ltd

HCMP 974/2017

[2020] HKCFI 463

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 974 OF 2017

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REASONS FOR DECISION

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1.On 4 March 2020 I handed down my decision in respect of the Plaintiff’s application to set aside a special resolution of the Company passed on 24 March 2017.

2.The Plaintiff has sought a stay of my decision pending a proposed appeal.  As this matter has come on during the period in which the court is operating on a restricted basis as a result of the disruption caused by Covid-19 I will deal with the application on an ex parte basis on the papers.

3.I have read the skeleton argument of counsel.  I accept for present purposes that any appeal will be rendered nugatory if a stay is not granted.  In this circumstance it is necessary for the Plaintiff to show that she has an arguable appeal.  In my view the grounds advanced in counsel’s skeleton do not satisfy this criteria.  My decision involved the exercise of a discretion under s221 & 222 of the Companies Ordinance, Cap 622.  It does not seem to me that the Plaintiff has demonstrated an arguable case for the Court of Appeal overturning my decision.

4.I, therefore, dismiss the application with the costs payable forthwith to the Defendant.

Mr Winston Poon SC and Ms Janet Ho, instructed by Clifford Chance, for the plaintiff