RE CHIEN CHI HONG

RE CHIEN CHI HONG

The court has power under s.20K to remove or substitute nominees but will not exercise that power where the creditors have already approved removal and the parties (debtor and remaining nominee) consent; where removal has been effected by a creditors' resolution the court will not grant directions and the application is unnecessary.

Citation
RE CHIEN CHI HONG
Parties
Nominee: Lo Yip Tong; Nominee (resigned): Lau Wai Fung; Debtor: Chien Chi Hong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 September 2003
Case Number
HCBI453/2002
Procedural Posture
Bankruptcy — Interim Order Application (directions Under S.20 K) / Hearing and Judgment on Application for Directions; Interim Order Application Dismissed
Outcome
Application dismissed
Legal Topics
Voluntary Arrangement, Nominee Removal, Court Directions Under S.20 K, Creditors' Meeting
Source Language
EN
Bankruptcy Insolvency Civil Procedure Voluntary Arrangement Nominee Removal Court Directions Under S.20 K Creditors' Meeting

Case Brief

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Parties

Lo Yip Tong

Nominee

Lau Wai Fung

Nominee (resigned)

Chien Chi Hong

Debtor

Procedural Posture

Bankruptcy — Interim Order Application (directions Under S.20 K) / Hearing and Judgment on Application for Directions; Interim Order Application Dismissed

Legal Issues

  1. 1 Whether the court must give directions to remove a nominee after a creditors' resolution has approved removal
  2. 2 Whether the court has power under s.20K(2) or s.20K(3) to remove or substitute a nominee without appointing a replacement
  3. 3 Whether the court should exercise its power where all parties including debtor, creditors and remaining nominee consent to the removal

Ratio Decidendi

The court has power under s.20K to remove or substitute nominees but will not exercise that power where the creditors have already approved removal and the parties (debtor and remaining nominee) consent; where removal has been effected by a creditors' resolution the court will not grant directions and the application is unnecessary.

Court Disposition

Application dismissed

Orders

  • Application dismissed with no order as to costs.