RE PHANTOM RECORDS LTD

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

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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

  1. 1 Whether the Panel B appointments amounted to an unlawful delegation of the Official Receiver's functions
  2. 2 Whether the court can retrospectively ratify the appointments under section 200(3) or the court's inherent jurisdiction
  3. 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