RE BEST RESOURCES DEVELOPMENT LTD

RE BEST RESOURCES DEVELOPMENT LTD

The court held that the provisional liquidators established a reasonable requirement under s.221: the three individuals are officers for the purpose of s.221 (including Mr Tse as de facto officer) and must be examined orally; the respondents must produce all books and papers in their custody or power relating to the...

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Citation
RE BEST RESOURCES DEVELOPMENT LTD
Parties
Company (in Compulsory Liquidation): Best Resources Development Limited; Applicant/provisional Liquidators: Joint & Several Provisional Liquidators; Respondent / Director: Lam Shuk Yin Helen; Respondent / Director: Chan Mei Ling; Respondent / Alleged De Facto Director: David Tse Kin Wah
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 August 2005
Case Number
HCCW843/2004
Procedural Posture
Companies (winding Up) / Application Under Companies Ordinance (cap.32) S.221 / Hearing/decision on Application for Oral Examination and Production of Documents
Outcome
Application granted: court satisfied individuals are officers and reasonable requirement established; ordered oral examination and production of books and papers; reserved detailed form of order and costs for further hearing.
Legal Topics
Examination of Officers Under S.221, Production of Company Books and Papers, Nominee and De Facto Directors, Directors' Involvement in Company Affairs
Source Language
en
Company Law Insolvency Civil Procedure Corporate Governance Examination of Officers Under S.221 Production of Company Books and Papers Nominee and De Facto Directors Directors' Involvement in Company Affairs

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Parties

Best Resources Development Limited

Company (in Compulsory Liquidation)

Joint & Several Provisional Liquidators

Applicant/provisional Liquidators

Lam Shuk Yin Helen

Respondent / Director

Chan Mei Ling

Respondent / Director

David Tse Kin Wah

Respondent / Alleged De Facto Director

Procedural Posture

Companies (winding Up) / Application Under Companies Ordinance (cap.32) S.221 / Hearing/decision on Application for Oral Examination and Production of Documents

Legal Issues

  1. 1 Whether provisional liquidators established a reasonable requirement to examine the three individuals orally under s.221
  2. 2 Whether the three individuals qualify as officers (including de facto director) for the purposes of s.221
  3. 3 Whether the respondents must produce all books and papers in their custody or power relating to the Company (including title deeds)

Ratio Decidendi

The court held that the provisional liquidators established a reasonable requirement under s.221: the three individuals are officers for the purpose of s.221 (including Mr Tse as de facto officer) and must be examined orally; the respondents must produce all books and papers in their custody or power relating to the Company (including outstanding title deeds); the application for examination and production therefore succeeds, with the court to hear counsel on the form of the order and costs.

Court Disposition

Application granted: court satisfied individuals are officers and reasonable requirement established; ordered oral examination and production of books and papers; reserved detailed form of order and costs for further hearing.

Orders

  • Order that Lam Shuk Yin Helen, Chan Mei Ling and David Tse Kin Wah attend for oral examination by the provisional liquidators pursuant to s.221 Companies Ordinance (Cap.32)
  • Order that the respondents produce all books, papers, writings and documents in their custody or power relating to Best Resources Development Limited, including original title deeds not already delivered