Standard Bank Offshore Trust Company Jersey Ltd v. Belgravia Properties Ltd
Read the full judgment text of HCMP 1148/2013 on BabelCite. This High Court CFI judgment was delivered on 15 August 2013.
1. This is an application by Ms Lu Shengsu, one of the directors of the Respondent, to be joined as a party in these proceedings.
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HCMP1148/2013 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MISCELLANEOUS PROCEEDINGS NO 1148 OF 2013 --------------------------
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-------------------- D E C I S I O N -------------------- 1.This is an application by Ms Lu Shengsu, one of the directors of the Respondent, to be joined as a party in these proceedings. 2.This is a very late application given the fact that the hearing of these proceedings is scheduled to take place on 22 August 2013. Hence the Applicant’s concern that, if allowed, it is likely that this application will cause delay to the hearing (it has been confirmed by Ms Lu that she intends to file evidence in these matters) is well-founded. 3.It appears from Ms Lu’s evidence and her submissions this morning that her main concern for taking part personally (she is a director of the Respondent and therefore must be entitled to a say in the conduct of the Respondent’s case) in these matters is the contents of paras 40 and 41 of the Affirmation of Mr Clissold dated 24 May 2013. I have revisited those paragraphs and I do not see that they contain allegations of wrongdoings against her, although Mr Clissold might have disagreed with her participation and handling regarding the meeting on 22 April 2013. More importantly, I do not believe that what transpired at that meeting is an important issue on which this court will have to adjudicate upon in the determination of these proceedings. 4.Further, Ms Lu has informed the court that the board of directors is not at all adverse to having a meeting of the shareholders. In the premises, if there remains any argument to the relief being sought by the Applicant, who has now confined its case to one based on s 111(2) of the Companies Ordinance, Cap 32, such argument must be quite narrow. 5.For these reasons, I decline the application. [Submissions as to costs of the application] 6.I make no order as to the costs of this application.
Mr Alex Kaung, of Reed Smith Richards Butler, for the applicant Mr J Kang, of Stephenson Harwood, for the respondent Ms Lu Shengsu appeared in person | ||||||||||||||||||||||||||||
Further hearings and rulings under HCMP 1148/2013