RE FRIENDS OF MINE GROUP LTD

RE FRIENDS OF MINE GROUP LTD

Mr Nedderman's disappearance from Hong Kong and failure to make arrangements to enable his firm or co-liquidators to carry on the liquidation constituted good cause under s.196(1) to remove him and his co-liquidators; his fees were disallowed because his failure to perform the office properly prejudiced creditors;...

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Citation
RE FRIENDS OF MINE GROUP LTD
Parties
Applicant (official Receiver): Official Receiver; Provisional Liquidator / Liquidator (respondent): Mr Anthony Nedderman; Co Liquidator (present): Mr Chin Kin-wah; Co Liquidator (present): Mr Yeung Alstone Yuk-man; Provisional Liquidator / Liquidator (co Liquidator): Ms Yan Miu-ping; Companies in Liquidation (subjects of Applications): Various companies (61 companies in liquidation listed in judgment)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 July 2010
Case Number
HCCW867/2005
Procedural Posture
Companies (winding Up) / Application for Removal of Liquidator — Decision at Hearing
Outcome
Application granted in all 61 matters
Legal Topics
Removal of Liquidator, Provisional Liquidators, Liquidator Fees and Disbursements, Delivery Up of Books and Documents, Costs
Source Language
en
Company Law Insolvency Civil Procedure Removal of Liquidator Provisional Liquidators Liquidator Fees and Disbursements Delivery Up of Books and Documents Costs

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Parties

Official Receiver

Applicant (official Receiver)

Mr Anthony Nedderman

Provisional Liquidator / Liquidator (respondent)

Mr Chin Kin-wah

Co Liquidator (present)

Mr Yeung Alstone Yuk-man

Co Liquidator (present)

Ms Yan Miu-ping

Provisional Liquidator / Liquidator (co Liquidator)

Various companies (61 companies in liquidation listed in judgment)

Companies in Liquidation (subjects of Applications)

Procedural Posture

Companies (winding Up) / Application for Removal of Liquidator — Decision at Hearing

Legal Issues

  1. 1 Whether good cause is shown under section 196(1) Companies Ordinance to remove a provisional liquidator or liquidator
  2. 2 Whether the liquidator's fees should be disallowed for failing to carry out office
  3. 3 Whether replacement provisional liquidators/liquidators should be appointed

Ratio Decidendi

Mr Nedderman's disappearance from Hong Kong and failure to make arrangements to enable his firm or co-liquidators to carry on the liquidation constituted good cause under s.196(1) to remove him and his co-liquidators; his fees were disallowed because his failure to perform the office properly prejudiced creditors; replacement provisional liquidators/liquidators were appointed and consequential orders for delivery of books, filing of disbursements and costs were made.

Court Disposition

Application granted in all 61 matters

Orders

  • Mr Anthony Nedderman and, where applicable, his co-liquidator(s) are removed as provisional liquidator(s) or liquidator(s) of the subject companies
  • Mr Anthony Nedderman\'s fees in each case are disallowed