Tsang Wing Kwai and Another v. Wong Wing Sze Tiffany, Administratrix To the Estate of Chan Chung Han (陳仲嫺) also known as Chan Chung Hong (陳仲嫺), Deceased and Others

HCMP 1615/2020

[2021] HKCFI 1971

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1615 OF 2020

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Before: Deputy High Court Judge Winnie Tsui in Chambers

Date of Hearing: 23 June 2021

Date of Decision: 23 June 2021

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DECISION

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1.Before me is a straightforward application made by the applicants to rectify and remove information from the Companies Register pursuant to section 42 of the Companies Ordinance, Cap 622.

2.The proposed rectification and removal is to give effect to the judgment made by Au-Yeung J on 31 December 2019.  The judgment is binding on the applicants and the 1^st and 2^nd respondents, who were parties in that action.  It was ordered that the Return of Allotment dated 16 January 2012 be set aside and the Annual Return dated 8 August 2012 be rectified.

3.The 1^st and 3^rd respondents take a neutral stance in this application.

4.The 2^nd respondent has filed an affirmation in opposition.  But no valid ground has been raised why the above orders should not be given effect to.

5.Hence I am satisfied that an order under section 42 should be made.

6.I make an order in terms of the originating summons as amended:

(1)  The Return of Allotment dated 16 January 2012 be removed from the Companies Register;

(2)  The Annual Return dated 8 August 2012 be rectified by striking out the figure of HK$10,000 (being the total amount of issued and paid up capital) and 5,000 (being the number of shares of each registered shareholder) and substituting by the figure of HK$2 (being the total amount of issued and paid up capital) and 1 (being the number of share of each registered shareholder) respectively;

(3)  Costs of this application be paid by the 2^nd respondent to the applicants, summarily assessed at $50,000, payable by the 2^nd respondent on or before 7 July 2021; and

(4)  There be no order as to costs as between applicants and the 1^st and 3^rd respondents.

Mr Alvin Chan, of WK To & Co, for the 1^st and 2^nd applicants

Attendance of Hugill & Ip, for the 1^st respondent, was excused

The 2^nd respondent appeared in person

Attendance of the 3^rd respondent was excused