LAU YI HO EDWIN v. LIAISON FORCE LTD.

LAU YI HO EDWIN v. LIAISON FORCE LTD.

Given sufficient service and advertisement, repeated notice and unsuccessful attempts to contact the company/directors, the chattels and documents were abandoned and the court under s.298A authorized the receiver to sell or dispose of them and apply net proceeds to the judgment debt and pay the receiver's costs.

Citation
LAU YI HO EDWIN v. LIAISON FORCE LTD.
Parties
Applicant (receiver): Lau Yi Ho Edwin; Respondent (company): Liaison Force Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 June 2001
Case Number
HCMP2924/2001
Procedural Posture
Application Under Section 298 a Companies Ordinance Cap.32 / Application for Directions (receiver Seeking Authority to Sell/dispose of Chattels)
Outcome
Application granted.
Legal Topics
Receivership, Sale/disposal of Chattels, Abandonment, Directions Under S298 a, Application of Sale Proceeds
Source Language
EN
Company Law Insolvency Property Law Civil Procedure Receivership Sale/disposal of Chattels Abandonment Directions Under S298 a +1 more

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Parties

Lau Yi Ho Edwin

Applicant (receiver)

Liaison Force Limited

Respondent (company)

Procedural Posture

Application Under Section 298 a Companies Ordinance Cap.32 / Application for Directions (receiver Seeking Authority to Sell/dispose of Chattels)

Legal Issues

  1. 1 Whether the receiver may sell or otherwise dispose of chattels, furniture and documents found in company property
  2. 2 Whether those items were abandoned by the company/directors such that the receiver may dispose of them
  3. 3 Whether proceeds of sale may be applied to satisfy the judgment debt and pay the receiver's costs

Ratio Decidendi

Given sufficient service and advertisement, repeated notice and unsuccessful attempts to contact the company/directors, the chattels and documents were abandoned and the court under s.298A authorized the receiver to sell or dispose of them and apply net proceeds to the judgment debt and pay the receiver's costs.

Court Disposition

Application granted.

Orders

  • The receiver is at liberty to sell or otherwise dispose of all chattels, furniture and documents found in Flat A, 14th Floor, Block 3, The Tolo Place, Sunshine City, No. 628 Sai Sha Road, Shatin, New Territories.
  • The proceeds of any such sale, after the costs of sale or disposal, shall be applied towards repayment or reduction of the judgment debt awarded to Sin Hua Bank in HCA 136 of 2001.