Pui -Kwan v Kam-Ho & Ors

Pui -Kwan v Kam-Ho & Ors

Melodious Corporation was never validly placed in administration because the directors' meeting was inquorate and the resolution to appoint an administrator was invalid; rule 7.55 does not cure this defect as no insolvency proceedings ever came into being.

Source-derived case information.

Parties
Applicant: Esther Chan Pui-Kwan; Respondent: Gilbert Leung Kam-Ho; Respondent: Melodious Corporation; Respondent: HSBC Bank PLC; Respondent: Simon Geoffrey Paterson
Jurisdiction
England and Wales
Judgment Date
10 March 2015
Procedural Posture
Company/insolvency / Judgment on Application
Outcome
Application granted
Legal Topics
Administration Appointment Validity, Rectification of Register, Stakeholder Account Disposition
Company Law Insolvency Law Administration Appointment Validity Rectification of Register Stakeholder Account Disposition

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Parties

Esther Chan Pui-Kwan

Applicant

Gilbert Leung Kam-Ho

Respondent

Melodious Corporation

Respondent

HSBC Bank PLC

Respondent

Simon Geoffrey Paterson

Respondent

Procedural Posture

Company/insolvency / Judgment on Application

Legal Issues

  1. 1 Whether Melodious Corporation was validly placed in administration or liquidation
  2. 2 Whether Simon Paterson was validly appointed as administrator or liquidator
  3. 3 Disposition of monies in the stakeholder account

Ratio Decidendi

Melodious Corporation was never validly placed in administration because the directors' meeting was inquorate and the resolution to appoint an administrator was invalid; rule 7.55 does not cure this defect as no insolvency proceedings ever came into being.

Court Disposition

Application granted

Orders

  • Forms 703P(1) and 703P(3) to be removed from the register
  • Balance in stakeholder account to be transferred into joint account in names of applicant's and respondent's solicitors