RE CASSIS LTD

RE CASSIS LTD

Application for provisional liquidators dismissed because there was a genuine dispute over ownership of the intellectual property to be resolved by the French court, no basis to conclude provisional liquidators could adduce new evidence or materially assist the tribunal, urgency was not established and the other alleged corporate wrongs could be addressed by liquidators if the company is wound up.

Citation
RE CASSIS LTD
Parties
Applicant (seeking Provisional Liquidators): Vanessa Destaing; Petitioner: Paul Robine; Company (subject of Winding Up Petition): Cassis Limited; Opposing Contributory / Opposing Party: Valerie MacCarthy; Official Receiver (neutral): Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 March 2009
Case Number
HCCW560/2008
Procedural Posture
Companies (winding Up) / Inter Partes Summons for Appointment of Provisional Liquidators; Winding Up Petition Pending and Adjourned (directions Given)
Outcome
Application dismissed
Legal Topics
Provisional Liquidators, Winding Up Petition, Ownership of Intellectual Property, Cross Border Proceedings (french Seizure), Corporate Governance/appointment of Directors
Source Language
EN
Company Law Insolvency Intellectual Property Civil Procedure Provisional Liquidators Winding Up Petition Ownership of Intellectual Property Cross Border Proceedings (french Seizure) +1 more

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Parties

Vanessa Destaing

Applicant (seeking Provisional Liquidators)

Paul Robine

Petitioner

Cassis Limited

Company (subject of Winding Up Petition)

Valerie MacCarthy

Opposing Contributory / Opposing Party

Official Receiver

Official Receiver (neutral)

Procedural Posture

Companies (winding Up) / Inter Partes Summons for Appointment of Provisional Liquidators; Winding Up Petition Pending and Adjourned (directions Given)

Legal Issues

  1. 1 Whether provisional liquidators should be appointed to assert and protect the company's claimed intellectual property rights in foreign proceedings
  2. 2 Whether urgency and necessity for intervention by provisional liquidators was established
  3. 3 Whether alleged corporate misconduct (questionable director appointment, conflict of interest, unlawful dispositions) justified appointment at this stage

Ratio Decidendi

Application for provisional liquidators dismissed because there was a genuine dispute over ownership of the intellectual property to be resolved by the French court, no basis to conclude provisional liquidators could adduce new evidence or materially assist the tribunal, urgency was not established and the other alleged corporate wrongs could be addressed by liquidators if the company is wound up.

Court Disposition

Application dismissed

Orders

  • Application for appointment of provisional liquidators dismissed
  • No order as to costs against Vanessa in respect of the petitioner