SC: SARFAESI Act Was Not Applicable in Nagaland Before its 2021 Adoption, Dismisses Creditor’s Plea  ||  SC: Lis Pendens Applies To Money Suits on Mortgaged Property, Including Ex Parte Proceedings  ||  Kerala HC: Civil Courts Cannot Grant Injunctions in NCLT Matters and Such Orders Can Be Set Aside  ||  Bombay High Court: Technical Breaks to Temporary Employees Cannot Deny Maternity Leave Benefits  ||  NCLAT: Appellate Jurisdiction Limited to Orders Deciding Parties’ Rights, Not Procedural Directions  ||  NCLAT: Personal Guarantors Involved In NCLT Proceedings Can Appeal Against Insolvency Admission  ||  Supreme Court: Foreign Companies’ Head Office Expenses in India are Capped under Section 44C  ||  SC Directs Trial Courts to Systematically Catalogue Witnesses and Evidence in Criminal Judgments  ||  SC Calls For Sensitising Future Generations on Equality in Marriage to Combat Dowry Practices  ||  SC: Separate Suits Against Confirmed Auction Sales are Barred; Remedy Available under Sec 47    

Kam Leung Sui Kwan and ors v. Kam Kwan Lai and ors - (11 Nov 2015)

Location of conduct of business of company quintessential to jurisdiction

Company

Hearing a petition against the prejudicial conduct of business by a stakeholder in the company, the Hong Kong High Court gave rather a long stretch to “just and equitable”. Yung Kee Holdings Limited, holding company for a restaurant business, was incorporated in the British Virgin Islands in 1994, however, all board meetings were held in Hong Kong and all administrative matters were discussed in the city. The Court relied on previous rulings to move purposefully from finding injustice in the manner in which the company had been commandeered by the Respondent after the Petitioner’s death, to finding its own jurisdiction in the matter. It concluded that not only did all parties reside in Hong Kong, complaint conduct took place in Hong Kong and the whole of business income was derived from Hong Kong, giving courts sufficient jurisdiction to invoke winding-up.

Tags : JURISDICTION   LOCATION   CONDUCT OF BUSINESS   INCORPORATION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved