RE EDWARD SIMON MIDDLETON AND OTHERS

RE EDWARD SIMON MIDDLETON AND OTHERS

The Court found the Company’s COMI to be Hong Kong, the Article 6 documentary requirements satisfied, and the existence of substantial Mainland assets and proceedings that made recognition and assistance necessary; accordingly the Court exercised its inherent jurisdiction to issue a letter of request to the Shenzhen Intermediate People’s Court to recognise the Liquidators and provide assistance, and ordered costs to be paid from the Company’s assets.

Citation
[2022] HKCFI 248
Parties
Applicant / Joint and Several Liquidator: Edward Simon Middleton; Applicant / Joint and Several Liquidator: Wing Sze Tiffany Wong; Company / Subject of Liquidation: Zhaoheng Hydropower (Hong Kong) Limited (In Liquidation)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 January 2022
Case Number
HCMP2099/2021
Procedural Posture
Insolvency – Recognition and Assistance Application Under the Spc/hong Kong–shenzhen Cooperation Mechanism / Decision on Application for Letter of Request (chambers)
Outcome
Application granted. Letter of request to be issued to the Shenzhen Intermediate People’s Court seeking recognition of the Liquidators and assistance; Liquidators' costs payable out of the Company’s assets; liberty to apply.
Legal Topics
Recognition of Foreign Liquidators, Letter of Request Under Cooperation Mechanism, Centre of Main Interests (comi), Judicial Assistance for Asset Recovery, Inherent Jurisdiction
Source Language
EN
Insolvency Cross Border Insolvency Company Law Civil Procedure International Judicial Assistance Recognition of Foreign Liquidators Letter of Request Under Cooperation Mechanism Centre of Main Interests (comi) +2 more

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Parties

Edward Simon Middleton

Applicant / Joint and Several Liquidator

Wing Sze Tiffany Wong

Applicant / Joint and Several Liquidator

Zhaoheng Hydropower (Hong Kong) Limited (In Liquidation)

Company / Subject of Liquidation

Procedural Posture

Insolvency – Recognition and Assistance Application Under the Spc/hong Kong–shenzhen Cooperation Mechanism / Decision on Application for Letter of Request (chambers)

Legal Issues

  1. 1 Whether the SPC Opinion/Cooperation Mechanism applies to the Company
  2. 2 Whether the Company’s centre of main interests is in Hong Kong
  3. 3 Whether the Article 6 documentary criteria for a letter of request are satisfied

Ratio Decidendi

The Court found the Company’s COMI to be Hong Kong, the Article 6 documentary requirements satisfied, and the existence of substantial Mainland assets and proceedings that made recognition and assistance necessary; accordingly the Court exercised its inherent jurisdiction to issue a letter of request to the Shenzhen Intermediate People’s Court to recognise the Liquidators and provide assistance, and ordered costs to be paid from the Company’s assets.

Court Disposition

Application granted. Letter of request to be issued to the Shenzhen Intermediate People’s Court seeking recognition of the Liquidators and assistance; Liquidators' costs payable out of the Company’s assets; liberty to apply.

Orders

  • A letter of request in simplified Chinese be issued to the Shenzhen Intermediate People’s Court seeking recognition of the Liquidators and assistance in aid of the Company’s liquidation and its liquidators.
  • The Liquidators’ costs of this application be paid out of the assets of the Company as an expense of the Company’s liquidation.