Read the full judgment text of HCCT 20/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 20 May 2020 before Hon Mimmie Chan J.
Arbitration enforcement — Company law — Legal representative's authority — Disputed removal of director and legal representative under Mainland company law — Authority to initiate proceedings — Internal company disputes versus external relations — Effect of registration at company registry — Application to dismiss for lack of authority — Held that registration of Jin as Legal Representative conclusive against third parties absent valid removal resolution — Court declined to strike out enforcement proceedings — No material non-disclosure found regarding separate Mainland litigation against shareholders — Costs awarded to SHS. SHS may proceed with merits of enforcement application in Hong Kong.
Legal issues: Authority to commence proceedings by Legal Representative · Material non-disclosure in initial ex parte application
Outcome: Application to dismiss for lack of authority dismissed; leave to enforce arbitral award proceedings allowed to proceed
Cites 3 cases