KING BAKERY INTERNATIONAL CO LTD v. LIVE & LIVE LTD AND OTHERS

KING BAKERY INTERNATIONAL CO LTD v. LIVE & LIVE LTD AND OTHERS

Because there was a good prima facie case of misconduct and an irretrievable breakdown of trust and confidence, and because the respondents themselves sought a winding-up order (indicating a reasonable prospect of winding-up), the court exercised its discretion to appoint provisional liquidators now to preserve the company's position pending the substantive hearing.

Citation
KING BAKERY INTERNATIONAL CO LTD v. LIVE & LIVE LTD AND OTHERS
Parties
1st Petitioner (hccw279/2010): LAM CHARM; 2nd Petitioner (hccw279/2010): WONG SEK TUNG; 1st Respondent (hccw279/2010): YUNG SHIU CHING; 2nd Respondent (hccw279/2010): LEE BING FAI TOMME; 3rd Respondent (hccw279/2010): CHAN KWOK KEUNG; 4th Respondent (hccw279/2010): AU LAI CHI; 5th Respondent (hccw279/2010); 2nd Respondent (hccw346/2010): HEMPSTONE LIMITED; Petitioner (hccw346/2010): KING BAKERY INTERNATIONAL CO., LIMITED; 1st Respondent (hccw346/2010): LIVE & LIVE LIMITED; 3rd Respondent (hccw346/2010): DE RODEO CATERING LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 December 2010
Case Number
HCCW346/2010
Procedural Posture
Companies (winding Up) Proceedings / Application for Appointment of Provisional Liquidators; Interlocutory Hearing; Matter Adjourned to Hearing on 10 January 2011
Outcome
Provisional liquidators appointed by order in terms of the Petitioners' draft (Annex 2), subject to drafting corrections; substantive hearing listed for 10 January 2011; costs awarded to Petitioners against the 1st to 4th Respondents; matter certified fit for two counsel.
Legal Topics
Provisional Liquidation, Winding Up, Trust and Confidence, Costs, Certificate for Counsel
Source Language
EN
Company Law Insolvency Civil Procedure Provisional Liquidation Winding Up Trust and Confidence Costs Certificate for Counsel

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Parties

LAM CHARM

1st Petitioner (hccw279/2010)

WONG SEK TUNG

2nd Petitioner (hccw279/2010)

YUNG SHIU CHING

1st Respondent (hccw279/2010)

LEE BING FAI TOMME

2nd Respondent (hccw279/2010)

CHAN KWOK KEUNG

3rd Respondent (hccw279/2010)

AU LAI CHI

4th Respondent (hccw279/2010)

HEMPSTONE LIMITED

5th Respondent (hccw279/2010); 2nd Respondent (hccw346/2010)

KING BAKERY INTERNATIONAL CO., LIMITED

Petitioner (hccw346/2010)

LIVE & LIVE LIMITED

1st Respondent (hccw346/2010)

DE RODEO CATERING LIMITED

3rd Respondent (hccw346/2010)

Procedural Posture

Companies (winding Up) Proceedings / Application for Appointment of Provisional Liquidators; Interlocutory Hearing; Matter Adjourned to Hearing on 10 January 2011

Legal Issues

  1. 1 Whether to appoint provisional liquidators
  2. 2 Whether there is a reasonable prospect that a winding-up order will be made
  3. 3 Whether there is a good prima facie case of misconduct and irretrievable breakdown of trust and confidence

Ratio Decidendi

Because there was a good prima facie case of misconduct and an irretrievable breakdown of trust and confidence, and because the respondents themselves sought a winding-up order (indicating a reasonable prospect of winding-up), the court exercised its discretion to appoint provisional liquidators now to preserve the company's position pending the substantive hearing.

Court Disposition

Provisional liquidators appointed by order in terms of the Petitioners' draft (Annex 2), subject to drafting corrections; substantive hearing listed for 10 January 2011; costs awarded to Petitioners against the 1st to 4th Respondents; matter certified fit for two counsel.

Orders

  • Order appointing provisional liquidators in terms of the draft at Annex 2 of the Petitioners' bundle, subject to necessary drafting corrections to be submitted for approval.
  • Hearing of the winding-up petition listed for 10 January 2011.