RE NEW SHINE GROUP LTD (Company Number 2806482)

RE NEW SHINE GROUP LTD (Company Number 2806482)

The Court found no arguable basis that the Applicant's claim was a liquidated debt; the claim arose from breach of contract and thus sounded in damages. Granting an adjournment would unduly prejudice other creditors by delaying the liquidation. Accordingly the adjournment application and the summons were dismissed.

Citation
[2024] HKCFI 1104
Parties
Applicant / Creditor: Aron Resource Enterprise Limited; Creditor (in Liquidation) / Respondent: New Winning Finance Company Limited (In Liquidation); Creditor (in Liquidation) / Respondent: Lamtex Holding Limited (In Liquidation); Company (in Liquidation) / Subject Company: New Shine Group Limited; Joint and Several Provisional Liquidator: Alan Cheung Hok Hin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2024
Case Number
HCCW321/2021
Procedural Posture
Companies Winding Up Proceedings / Decision on Summons (application for Adjournment and Declarations)
Outcome
Summons dismissed; application for adjournment dismissed; costs to be determined at a further hearing.
Legal Topics
Voting Rights of Creditors, Liquidated Versus Unliquidated Debt, Appointment of Liquidators, Adjournment, Procedural Prejudice
Source Language
EN
Company Law Insolvency Winding Up Voting Rights of Creditors Liquidated Versus Unliquidated Debt Appointment of Liquidators Adjournment Procedural Prejudice

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Parties

Aron Resource Enterprise Limited

Applicant / Creditor

New Winning Finance Company Limited (In Liquidation)

Creditor (in Liquidation) / Respondent

Lamtex Holding Limited (In Liquidation)

Creditor (in Liquidation) / Respondent

New Shine Group Limited

Company (in Liquidation) / Subject Company

Alan Cheung Hok Hin

Joint and Several Provisional Liquidator

Procedural Posture

Companies Winding Up Proceedings / Decision on Summons (application for Adjournment and Declarations)

Legal Issues

  1. 1 Whether the Applicant's debt is a liquidated debt for voting purposes
  2. 2 Whether the Applicant was entitled to vote at the creditors' meeting of 2 December 2022 and at future meetings
  3. 3 Whether the resolution nominating joint and several liquidators was valid

Ratio Decidendi

The Court found no arguable basis that the Applicant's claim was a liquidated debt; the claim arose from breach of contract and thus sounded in damages. Granting an adjournment would unduly prejudice other creditors by delaying the liquidation. Accordingly the adjournment application and the summons were dismissed.

Court Disposition

Summons dismissed; application for adjournment dismissed; costs to be determined at a further hearing.

Orders

  • Application for adjournment dismissed
  • Summons dismissed