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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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IN THE MATTER OF Belgravia Properties Limited
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and
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IN THE MATTER OF Section 111(2) and/or Section 114B of the Companies Ordinance, Cap. 32
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BETWEEN
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STANDARD BANK OFFSHORE TRUSTCOMPANY JERSEY LIMITED as Trustee of the St George’s Settlement |
Applicant |
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and
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BELGRAVIA PROPERTIES LIMITED |
Respondent |
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| Before: Hon Anthony Chan J in Chambers |
| Date of Hearing: 15 August 2013 |
| Date of Decision: 15 August 2013 |
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D E C I S I O N
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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.
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(Anthony Chan)
Judge of the Court of First Instance
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High Court |
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
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