RE PHANTOM RECORDS LTD
Given the benefits to the creditors from prompt recovery, absence of evidence of misconduct, the intended taxation/scrutiny of fees and the disproportionate cost of case-by-case inquiry, the court will exercise its power under section 200(3) to retrospectively authorise the Panel B appointments and permit payment of agents' fees out of company assets subject to taxation and limits set by the Panel B arrangements.
- Citation
- RE PHANTOM RECORDS LTD
- Parties
- Applicant (official Receiver/liquidator): Official Receiver; Company in Liquidation (respondent): Newsweb International Limited; Company in Liquidation (respondent): China Arts and Crafts Printing Limited; Company in Liquidation (respondent): Philma Petroleum Limited; Company in Liquidation (respondent): Rich Glory Shipping Limited; Company in Liquidation (respondent): Gearland Company Limited; Company in Liquidation (respondent): Pan-Win Realty Agency Limited; Company in Liquidation (respondent): Pan-Pacific Exhibition Contractors Limited; Company in Liquidation (respondent): Best Gain Engineering Limited; Company in Liquidation (respondent): T.D.A. Company Limited; Company in Liquidation (respondent): Mondial Atelier Garment (Hong Kong) Limited; Company in Liquidation (respondent): On Tai Garment Factory Limited; Company in Liquidation (respondent): Union Rise Development Limited; Company in Liquidation (respondent): Bokey (P & S) Trading Company Limited; Company in Liquidation (respondent): Winston Camera & Radio Company Limited; Company in Liquidation (respondent): Phantom Records Limited; Company in Liquidation (respondent): Frontmax Limited; Company in Liquidation (respondent): Bilison (Asia) Limited; Company in Liquidation (respondent): Construction & Production Systems Limited; Company in Liquidation (respondent): Sun Wing Lee Hing Chan Co Limited
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 20 April 2007
- Case Number
- HCCW591/1999
- Procedural Posture
- Companies Winding Up Proceedings / Application for Retrospective Ratification and Resumed Taxation Hearing — Decision
- Outcome
- Application granted
- Legal Topics
- Appointment of Agents, Ratification, Delegation of Duties, Liquidator Remuneration, Taxation of Costs, Section 200(3), Section 199(2)(g), Summary Liquidation, Panel B Scheme
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Official Receiver
Applicant (official Receiver/liquidator)
Newsweb International Limited
Company in Liquidation (respondent)
China Arts and Crafts Printing Limited
Company in Liquidation (respondent)
Philma Petroleum Limited
Company in Liquidation (respondent)
Rich Glory Shipping Limited
Company in Liquidation (respondent)
Gearland Company Limited
Company in Liquidation (respondent)
Pan-Win Realty Agency Limited
Company in Liquidation (respondent)
Pan-Pacific Exhibition Contractors Limited
Company in Liquidation (respondent)
Best Gain Engineering Limited
Company in Liquidation (respondent)
T.D.A. Company Limited
Company in Liquidation (respondent)
Mondial Atelier Garment (Hong Kong) Limited
Company in Liquidation (respondent)
On Tai Garment Factory Limited
Company in Liquidation (respondent)
Union Rise Development Limited
Company in Liquidation (respondent)
Bokey (P & S) Trading Company Limited
Company in Liquidation (respondent)
Winston Camera & Radio Company Limited
Company in Liquidation (respondent)
Phantom Records Limited
Company in Liquidation (respondent)
Frontmax Limited
Company in Liquidation (respondent)
Bilison (Asia) Limited
Company in Liquidation (respondent)
Construction & Production Systems Limited
Company in Liquidation (respondent)
Sun Wing Lee Hing Chan Co Limited
Company in Liquidation (respondent)
Procedural Posture
Companies Winding Up Proceedings / Application for Retrospective Ratification and Resumed Taxation Hearing — Decision
Legal Issues
- 1 Whether the Panel B appointments amounted to an unlawful delegation of the Official Receiver's functions
- 2 Whether the court can retrospectively ratify the appointments under section 200(3) or the court's inherent jurisdiction
- 3 Whether agents' fees can be paid out of company assets and subject to taxation
Ratio Decidendi
Given the benefits to the creditors from prompt recovery, absence of evidence of misconduct, the intended taxation/scrutiny of fees and the disproportionate cost of case-by-case inquiry, the court will exercise its power under section 200(3) to retrospectively authorise the Panel B appointments and permit payment of agents' fees out of company assets subject to taxation and limits set by the Panel B arrangements.
Court Disposition
Application granted
Orders
- Retrospective authorisation and ratification of the appointments of Panel B agents under section 200(3) of the Companies Ordinance in each of the 19 listed cases
- Authorisation that the agents' fees and expenses may be paid out of the assets of the respective companies provided payment is limited to amounts allowed on taxation and subject to Companies (Winding-Up) Rules
Full Case Text
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