LEUNG KAI HUNG AND ANOTHER V. WU SHEK CHUN WILFRED AND OTHERS

LEUNG KAI HUNG AND ANOTHER V. WU SHEK CHUN WILFRED AND OTHERS

Because the applicants demonstrated a proper basis to invoke the court's discretion under section 290, offered undertakings to meet outstanding debts, and faced no substantive opposition (Registrar did not object and respondents did not oppose), the court exercised its discretion to extend time, declare the dissolution void and grant orders to restore the property and appoint liquidators as per the agreed draft order.

Citation
LEUNG KAI HUNG AND ANOTHER V. WU SHEK CHUN WILFRED AND OTHERS
Parties
Applicant: Leung Kai Hung; Applicant: Chong Lap Cheung; 1st Respondent: Wu Shek Chun Wilfred; 2nd Respondent: Yu Tak Yee Beryl; 3rd Respondent: Registrar of Companies
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 March 2014
Case Number
HCMP5/2014
Procedural Posture
Application Under Section 290 Companies Ordinance for Extension of Time and Restoration Following Dissolution / Decision on Originating Motion (interim/application Hearing)
Outcome
Application granted.
Legal Topics
Extension of Time Under S290, Restoration of Dissolved Company, Bona Vacantia, Appointment of Liquidators, Property Restitution
Source Language
EN
Company Law Insolvency Law Civil Procedure Extension of Time Under S290 Restoration of Dissolved Company Bona Vacantia Appointment of Liquidators Property Restitution

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Parties

Leung Kai Hung

Applicant

Chong Lap Cheung

Applicant

Wu Shek Chun Wilfred

1st Respondent

Yu Tak Yee Beryl

2nd Respondent

Registrar of Companies

3rd Respondent

Procedural Posture

Application Under Section 290 Companies Ordinance for Extension of Time and Restoration Following Dissolution / Decision on Originating Motion (interim/application Hearing)

Legal Issues

  1. 1 Whether the court should extend time under s290 to permit relief after dissolution
  2. 2 Whether the dissolution should be declared void and the company's property restored
  3. 3 Whether joint and several liquidators should be appointed

Ratio Decidendi

Because the applicants demonstrated a proper basis to invoke the court's discretion under section 290, offered undertakings to meet outstanding debts, and faced no substantive opposition (Registrar did not object and respondents did not oppose), the court exercised its discretion to extend time, declare the dissolution void and grant orders to restore the property and appoint liquidators as per the agreed draft order.

Court Disposition

Application granted.

Orders

  • Extension of time for the applicants to seek relief under Section 290 of the Companies Ordinance
  • Declaration that the dissolution of Richfame Dynasty Limited is void