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Ma Wai Lim, Deceased and Another v. Welborne Engineering Ltd

Read the full judgment text of HCMP 754/2022 on BabelCite. This High Court CFI judgment was delivered on 15 July 2022.

1. I have before me an application issued on 15 June 2022 by the Wife, the 2 nd Applicant, of the 1 st Applicant who is deceased. I understand that an application has been issued by the 2 nd Applicant for Letters of Administration of her husband’s estate.

Case No.HCMP 754/2022[2022] HKCFI 2207
Court
High Court CFI
Date15 Jul 2022
Judge—
Case Document
100%Judiciary

HCMP 754/2022

[2022] HKCFI 2207

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 754 OF 2022

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IN THE MATTER OF section 570 of Companies Ordinance (Cap 622)
 

and
 

IN THE MATTER OF Welborne Engineering Limited

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BETWEEN

  MA WAI LIM, Deceased 1st Applicant
  HA CHUN LING 2nd Applicant

and
  WELBORNE ENGINEERING LIMITED Respondent

________________

Before: Hon Harris J in Chambers

Date of Hearing: 15 July 2022

Date of Decision: 15 July 2022

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D E C I S I O N

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1.I have before me an application issued on 15 June 2022 by the Wife, the 2nd Applicant, of the 1st Applicant who is deceased. I understand that an application has been issued by the 2nd Applicant for Letters of Administration of her husband’s estate.

2.The present application is made pursuant to section 570 of the Companies Ordinance, Cap. 622 for an order convening an extraordinary general meeting (“EGM”) of the Respondent. The Respondent is a Hong Kong incorporated company of which the 1st Applicant was the sole shareholder and director. The application is made in order that directions are given by the court that permit the 2nd Applicant to convene an EGM at which a resolution is passed that she is appointed a director and can ensure that the Company’s affairs are properly managed.

3.The application is unopposed and seems to me to be uncontroversial. I will, therefore, make an order largely in the terms of the originating summons:

(1) The 2nd Applicant be authorised to make the present substantive application on behalf of herself and any other person interested in the estate of Ma Wai Lim, deceased;

(2) An extraordinary general meeting (“EGM”) of the Respondent be convened, notice of the EGM be dispensed wtih and attendance of the 2nd Applicant at the EGM shall constitute a quorum;

(3) A resolution be put to the Respondent’s member at the EGM for the appointment of the 2nd Applicant or such other person or persons as the 2nd Applicant consider appropriate as director or further or additional director(s) of the Respondent;

(4) There be general liberty to apply; and

(5) No order as to costs.

  (Jonathan Harris)
  Judge of the Court of First Instance
  High Court

Ms Crystal Ma, of CPH Legal, for the 2nd applicant

The respondent was not represented and did not appear