RE SAINT POWER INDUSTRIAL LTD

RE SAINT POWER INDUSTRIAL LTD

The application for provisional liquidators was adjourned because those on the record for the Company lacked demonstrated authority to act, factual disputes existed in evidence filed in opposition (so the petitioner’s material could not be treated as uncontradicted), and the petitioner offered no explanation for delay in seeking provisional relief; accordingly it was inappropriate to make the appointment at the hearing and the matter was adjourned to allow opponents to regularise representation and advance their case and for submissions on costs.

Citation
RE SAINT POWER INDUSTRIAL LTD
Parties
Petitioner/creditor: Mr Hsu; Company/respondent: Saint Power Industrial Limited; Shareholder/director: Madam Shum Siu Han; Interested Party: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 2003
Case Number
HCCW1309/2002
Procedural Posture
Companies Winding Up Proceeding (companies Ordinance) / Interim Hearing on Application for Appointment of Provisional Liquidators; Adjourned
Outcome
Application for appointment of provisional liquidators adjourned; no appointment made
Legal Topics
Provisional Liquidation, Shareholder Deadlock, Authority to Instruct Solicitors, S.114 B General Meeting, Appointment of Provisional Liquidators, Funding of Defence
Source Language
EN
Company Law Insolvency Law Civil Procedure Provisional Liquidation Shareholder Deadlock Authority to Instruct Solicitors S.114 B General Meeting Appointment of Provisional Liquidators +1 more

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Parties

Mr Hsu

Petitioner/creditor

Saint Power Industrial Limited

Company/respondent

Madam Shum Siu Han

Shareholder/director

Official Receiver

Interested Party

Procedural Posture

Companies Winding Up Proceeding (companies Ordinance) / Interim Hearing on Application for Appointment of Provisional Liquidators; Adjourned

Legal Issues

  1. 1 Whether those purporting to act for the Company had authority to instruct solicitors and litigate
  2. 2 Whether provisional liquidators should be appointed on the material before the court
  3. 3 Whether the court should order a general meeting under s.114B where the board is deadlocked

Ratio Decidendi

The application for provisional liquidators was adjourned because those on the record for the Company lacked demonstrated authority to act, factual disputes existed in evidence filed in opposition (so the petitioner’s material could not be treated as uncontradicted), and the petitioner offered no explanation for delay in seeking provisional relief; accordingly it was inappropriate to make the appointment at the hearing and the matter was adjourned to allow opponents to regularise representation and advance their case and for submissions on costs.

Court Disposition

Application for appointment of provisional liquidators adjourned; no appointment made

Orders

  • Hearing adjourned to a date to be fixed
  • Those currently on the record for the Company to take steps to regularise their authority to act