Re Boyu Trading Ltd.

Re Boyu Trading Ltd.

Section 222(1)(b) operates to permit public examination where the Official Receiver's further report discloses a prima facie case for disqualification even in the absence of fraud; section 191(3) does not bar the court from exercising powers under section 222(1)(b); applications under section 222 may be made ex parte consistent with the rules and precedent; on the facts a strong prima facie case existed to order public examination of the two implicated persons.

Citation
Re Boyu Trading Ltd.
Parties
Applicant: Official Receiver; Company: Boyu Trading Limited; Person to Be Examined: Unnamed individual 1; Person to Be Examined: Unnamed individual 2
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 February 2000
Case Number
HCCW474/1996
Procedural Posture
Companies Winding Up Proceedings / Application for Public Examination Under Section 222(1)(b) of the Companies Ordinance (decision at Chambers)
Outcome
Order made under section 222(1)(b) directing two persons to attend for public examination
Legal Topics
Public Examination Under S.222(1)(b), Disqualification Orders (part Iva), Ex Parte Applications, Shadow Director Liability, Procedure for Winding Up Reports
Source Language
EN
Companies Law Insolvency Corporate Governance Civil Procedure Public Examination Under S.222(1)(b) Disqualification Orders (part Iva) Ex Parte Applications Shadow Director Liability +1 more

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Parties

Official Receiver

Applicant

Boyu Trading Limited

Company

Unnamed individual 1

Person to Be Examined

Unnamed individual 2

Person to Be Examined

Procedural Posture

Companies Winding Up Proceedings / Application for Public Examination Under Section 222(1)(b) of the Companies Ordinance (decision at Chambers)

Legal Issues

  1. 1 Whether section 222(1)(b) can be invoked absent fraud
  2. 2 Whether section 191(3) prevents exercise of powers under section 222(1)(b)
  3. 3 Whether an application under section 222 may be made ex parte

Ratio Decidendi

Section 222(1)(b) operates to permit public examination where the Official Receiver's further report discloses a prima facie case for disqualification even in the absence of fraud; section 191(3) does not bar the court from exercising powers under section 222(1)(b); applications under section 222 may be made ex parte consistent with the rules and precedent; on the facts a strong prima facie case existed to order public examination of the two implicated persons.

Court Disposition

Order made under section 222(1)(b) directing two persons to attend for public examination

Orders

  • Order directing the two persons identified in the Official Receiver's report to attend for public examination under section 222(1)(b) of the Companies Ordinance
  • Official Receiver to furnish a copy of his report to the persons to be examined prior to the examination (s.222(6))