RE DAVID JOHN KENNEDY AND OTHERS

RE DAVID JOHN KENNEDY AND OTHERS

The Court held the committal application arising from winding-up proceedings is a civil cause or matter; the questions about a liquidator's power to use private examination transcripts and to report suspected criminality are reasonably arguable and of great general/public importance; accordingly leave to appeal under s.22(1) was granted to bring those questions to the Court of Final Appeal.

Citation
RE DAVID JOHN KENNEDY AND OTHERS
Parties
Applicant / Joint and Several Liquidator: David John Kennedy; Respondent / Former Director: Kelly Cheng Kit Yin; Respondent / Former Director: Robert Yip Kwong; Company in Liquidation: Wing Fai Construction Company Limited; Intervener: Official Receiver
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
31 October 2008
Case Number
FAMV33/2008
Procedural Posture
Application for Leave to Appeal From Committal for Contempt Proceedings Arising in Company Winding Up / Determination on Application for Leave to Appeal to the Court of Final Appeal
Outcome
Leave to appeal granted under s.22(1) of the Court of Final Appeal statutory regime
Legal Topics
Use of Private Examination Transcripts, Duties and Powers of Liquidator, Committal for Contempt, Leave to Appeal Jurisdiction, Reporting Suspected Crimes to Police
Source Language
EN
Company Law Insolvency Law Contempt of Court Civil Procedure Criminal Procedure Use of Private Examination Transcripts Duties and Powers of Liquidator Committal for Contempt +2 more

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Parties

David John Kennedy

Applicant / Joint and Several Liquidator

Kelly Cheng Kit Yin

Respondent / Former Director

Robert Yip Kwong

Respondent / Former Director

Wing Fai Construction Company Limited

Company in Liquidation

Official Receiver

Intervener

Procedural Posture

Application for Leave to Appeal From Committal for Contempt Proceedings Arising in Company Winding Up / Determination on Application for Leave to Appeal to the Court of Final Appeal

Legal Issues

  1. 1 Whether a liquidator may investigate and report suspected criminal conduct to the police
  2. 2 Whether a liquidator may use or provide notes/transcripts of private examinations to the police without court leave
  3. 3 Whether a liquidator in a voluntary winding-up has the same powers as a court-appointed liquidator

Ratio Decidendi

The Court held the committal application arising from winding-up proceedings is a civil cause or matter; the questions about a liquidator's power to use private examination transcripts and to report suspected criminality are reasonably arguable and of great general/public importance; accordingly leave to appeal under s.22(1) was granted to bring those questions to the Court of Final Appeal.

Court Disposition

Leave to appeal granted under s.22(1) of the Court of Final Appeal statutory regime

Orders

  • Leave to appeal granted to the Court of Final Appeal on the identified questions of general/public importance