RE Y LTD

RE Y LTD

The court granted the protective writ and gagging order but imposed conditions: a copy of the order, the court's decision and the writ must be sent to the defendant; there is general liberty to apply; and until further order all applications are to be heard by the Companies judge. Anonymity orders are exceptional and must be balanced against the defendant's interests.

Citation
RE Y LTD
Parties
Applicant/plaintiff: Joint and several liquidators of Y Limited; Respondent/defendant: Former auditors of Y Limited (unnamed)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 September 2013
Case Number
HCMP2418/2013
Procedural Posture
Companies Matter Under Companies Ordinance (cap 32) / Application for Entry of Protective Writ (gagging Order); Hearing and Decision
Outcome
Protective writ and gagging order granted subject to conditions
Legal Topics
Protective Writ, Gagging Order, Liquidators' Claims, Service and Notice, Liberty to Apply, Jurisdiction of the Companies Court
Source Language
EN
Company Law Insolvency Civil Procedure Privacy/anonymity Orders Protective Writ Gagging Order Liquidators' Claims Service and Notice +2 more

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Parties

Joint and several liquidators of Y Limited

Applicant/plaintiff

Former auditors of Y Limited (unnamed)

Respondent/defendant

Procedural Posture

Companies Matter Under Companies Ordinance (cap 32) / Application for Entry of Protective Writ (gagging Order); Hearing and Decision

Legal Issues

  1. 1 Whether the court should permit entry of a protective writ in anonymised form
  2. 2 Whether prospective defendants must be notified of the writ and order
  3. 3 Whether anonymised protective orders are appropriate to assist liquidators and on what conditions

Ratio Decidendi

The court granted the protective writ and gagging order but imposed conditions: a copy of the order, the court's decision and the writ must be sent to the defendant; there is general liberty to apply; and until further order all applications are to be heard by the Companies judge. Anonymity orders are exceptional and must be balanced against the defendant's interests.

Court Disposition

Protective writ and gagging order granted subject to conditions

Orders

  • Protective writ to be entered in the court registry in anonymised names to provide anonymity as sought
  • A copy of this order, the court's decision, and the writ shall be sent to the defendant (the former auditors)