MA WAI LIM, Deceased AND ANOTHER v. WELBORNE ENGINEERING LTD

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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BETWEEN

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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 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.

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 1^st Applicant was the sole shareholder and director. The application is made in order that directions are given by the court that permit the 2^nd 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 2^nd 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 2^nd 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 2^nd Applicant or such other person or persons as the 2^nd 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.