Re Citiform Ltd.

Re Citiform Ltd.

The judge exercised discretion to adjourn the validation application to allow the board to meet and attempt ratification rather than dismissing the application; because the solicitors and remaining directors failed to give timely notice and caused a wasted hearing, the costs of that hearing were ordered to be borne by Messrs Pang, Wan & Choi.

Citation
Re Citiform Ltd.
Parties
Petitioner: The Petitioner; Company: Loyal Garment Limited; Company: Citiform Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 2000
Case Number
HCCW1108/1999
Procedural Posture
Companies Winding Up (validation Application) / Interlocutory Hearing on Section 182 Validation Order; Adjournment Application
Outcome
Application adjourned to a date not before 7 days from 12 June 2000; costs of the section 182 hearing on 12 June 2000 to be paid by Messrs Pang, Wan & Choi.
Legal Topics
Validation Order Under S182, Authority and Appointment of Solicitors, Board Resolution and Notice, Costs for Wasted Hearing
Source Language
EN
Company Law Insolvency Law Civil Procedure Validation Order Under S182 Authority and Appointment of Solicitors Board Resolution and Notice Costs for Wasted Hearing

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Parties

The Petitioner

Petitioner

Loyal Garment Limited

Company

Citiform Limited

Company

Procedural Posture

Companies Winding Up (validation Application) / Interlocutory Hearing on Section 182 Validation Order; Adjournment Application

Legal Issues

  1. 1 Whether Messrs Pang, Wan & Choi were validly authorised to act for the Companies
  2. 2 Whether the board resolution authorising Mr Hung to affirm and to appoint solicitors was validly passed with notice to all directors
  3. 3 Whether the court should dismiss the s182 application or adjourn to allow ratification

Ratio Decidendi

The judge exercised discretion to adjourn the validation application to allow the board to meet and attempt ratification rather than dismissing the application; because the solicitors and remaining directors failed to give timely notice and caused a wasted hearing, the costs of that hearing were ordered to be borne by Messrs Pang, Wan & Choi.

Court Disposition

Application adjourned to a date not before 7 days from 12 June 2000; costs of the section 182 hearing on 12 June 2000 to be paid by Messrs Pang, Wan & Choi.

Orders

  • Adjourn the section 182 validation hearing to a date not before 7 days from 12 June 2000.
  • Order that the costs of the section 182 hearing on 12 June 2000 be borne by Messrs Pang, Wan & Choi.