RE RZ3262019 LTD

RE RZ3262019 LTD

The court granted leave to cross-examine Ms Chan because the applicant identified relevant, unanswered, and material inconsistencies in her affirmation evidence such that cross-examination was necessary to advance the substantive removal application; accordingly the substantive application was adjourned to allow...

Source-derived case information.

Citation
[2025] HKCFI 3321
Parties
Applicant / Creditor: Zhou Ying Investments Group Limited; Respondents / Joint and Several Liquidators: Frank Yuen Tsz Chun and Chan Hoi Yan; Company in Liquidation: RZ3262019 Limited; Petitioners / Vendors / Creditors: Happy Lion Ventures Limited and Chinex Limited (CK Creditors / Vendors); Receivers: Receivers (appointed over Company’s shares in Happy Magic and Carton); Respondent to Norwich Pharmacal Application / Third Party Discloser: Bank of China (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2025
Case Number
HCCW244/2023
Procedural Posture
Companies Winding Up Proceedings (removal of Liquidators; Norwich Pharmacal Proceedings) / Interlocutory: Application for Removal of Liquidators Adjourned for Cross Examination; Leave to Cross Examine Granted; Substantive Hearing Adjourned
Outcome
Leave to cross-examine Ms Chan on her 8th and 9th affirmations granted; substantive removal application adjourned
Legal Topics
Removal of Liquidators, Norwich Pharmacal Order, Implied Undertaking and Disclosure, Cross Examination of Affidavit Evidence, Use and Restriction of Disclosed Documents
Source Language
en
Company Law Insolvency Civil Procedure Evidence Removal of Liquidators Norwich Pharmacal Order Implied Undertaking and Disclosure Cross Examination of Affidavit Evidence +1 more

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Parties

Zhou Ying Investments Group Limited

Applicant / Creditor

Frank Yuen Tsz Chun and Chan Hoi Yan

Respondents / Joint and Several Liquidators

RZ3262019 Limited

Company in Liquidation

Happy Lion Ventures Limited and Chinex Limited (CK Creditors / Vendors)

Petitioners / Vendors / Creditors

Receivers (appointed over Company’s shares in Happy Magic and Carton)

Receivers

Bank of China (Hong Kong) Limited

Respondent to Norwich Pharmacal Application / Third Party Discloser

Procedural Posture

Companies Winding Up Proceedings (removal of Liquidators; Norwich Pharmacal Proceedings) / Interlocutory: Application for Removal of Liquidators Adjourned for Cross Examination; Leave to Cross Examine Granted; Substantive Hearing Adjourned

Legal Issues

  1. 1 Whether leave should be granted to cross-examine a liquidator-deponent on her affirmation evidence
  2. 2 Whether the liquidators breached the court's implied undertaking by disclosing Norwich-obtained documents to third parties/Receivers
  3. 3 Whether the Norwich Pharmacal order was obtained on a false or misleading basis

Ratio Decidendi

The court granted leave to cross-examine Ms Chan because the applicant identified relevant, unanswered, and material inconsistencies in her affirmation evidence such that cross-examination was necessary to advance the substantive removal application; accordingly the substantive application was adjourned to allow cross-examination and further determination.

Court Disposition

Leave to cross-examine Ms Chan on her 8th and 9th affirmations granted; substantive removal application adjourned

Orders

  • Grant leave to cross-examine Ms Chan on the 8th and 9th affirmations on the terms proposed by applicant's counsel
  • Adjourn the substantive application to 12 January 2026