RE HUSK\'S GREEN TECHNOLOGY HOLDING CO LTD (in liquidation)

RE HUSK\'S GREEN TECHNOLOGY HOLDING CO LTD (in liquidation)

The court found that the Re Trinity requirements were met: the Company is in creditors' voluntary liquidation, the applicant is the liquidator, the request was to a Mainland court with jurisdiction over four Xiamen subsidiaries, and the proposed letter of request properly described the duties and assistance sought; the court exercised its discretion to approve and direct issuance of the letter of request to the Xiamen Court to recognize the liquidation and enable the liquidator to take control of the subsidiaries and pursue necessary measures.

Citation
[2023] HKCFI 3054
Parties
Petitioner and Appointed Liquidator (appears in Person): Lee Chan Kok; Company (in Liquidation): Husk’s Green Technology Holding Co., Limited (殼氏環保科技集團有限公司); Provisional Liquidators (huens): Huen Ho Yin and Huen Yuen Fun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 November 2023
Case Number
HCCW43/2021
Procedural Posture
Companies (winding Up) Proceedings / Interlocutory Application for Issuance of Letter of Request Under the Hong Kong–mainland Cooperation Mechanism (chambers Application)
Outcome
Summons restored and granted insofar as the court approved and directed the issuance of a letter of request to the Xiamen Intermediate People’s Court recognising the creditors' voluntary winding up and requesting assistance to enable the liquidator to take control of the four Xiamen subsidiaries; directions given...
Legal Topics
Recognition and Assistance Under Cooperation Mechanism, Letters of Request/letters Rogatory, Liquidator Powers and Duties, Conversion to Creditors' Voluntary Liquidation, Jurisdictional Cooperation With Mainland Courts
Source Language
EN
Insolvency Law Company Law Cross Border Judicial Assistance Civil Procedure Recognition and Assistance Under Cooperation Mechanism Letters of Request/letters Rogatory Liquidator Powers and Duties Conversion to Creditors' Voluntary Liquidation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lee Chan Kok

Petitioner and Appointed Liquidator (appears in Person)

Husk’s Green Technology Holding Co., Limited (殼氏環保科技集團有限公司)

Company (in Liquidation)

Huen Ho Yin and Huen Yuen Fun

Provisional Liquidators (huens)

Procedural Posture

Companies (winding Up) Proceedings / Interlocutory Application for Issuance of Letter of Request Under the Hong Kong–mainland Cooperation Mechanism (chambers Application)

Legal Issues

  1. 1 Whether the applicant had locus to apply for recognition and assistance under the Cooperation Mechanism
  2. 2 Whether the statutory and procedural requirements (as in Re Trinity) for issuing a letter of request to a Mainland court were satisfied
  3. 3 Whether the court should exercise its discretion to request the Xiamen Court to recognize the liquidation and grant assistance to the liquidator

Ratio Decidendi

The court found that the Re Trinity requirements were met: the Company is in creditors' voluntary liquidation, the applicant is the liquidator, the request was to a Mainland court with jurisdiction over four Xiamen subsidiaries, and the proposed letter of request properly described the duties and assistance sought; the court exercised its discretion to approve and direct issuance of the letter of request to the Xiamen Court to recognize the liquidation and enable the liquidator to take control of the subsidiaries and pursue necessary measures.

Court Disposition

Summons restored and granted insofar as the court approved and directed the issuance of a letter of request to the Xiamen Intermediate People’s Court recognising the creditors' voluntary winding up and requesting assistance to enable the liquidator to take control of the four Xiamen subsidiaries; directions given...

Orders

  • The court approved the revised letter of request (Appendix A) and directed the liquidator to lodge it with the Registrar of the High Court within 7 days for the Registrar to sign the same
  • The signed letter of request will be returned to the liquidator for inclusion in materials to be submitted to the Xiamen Intermediate People’s Court