RE FRITH LTD

RE FRITH LTD

The examination order of 18 April 1984 was improperly made because the Official Receiver's report did not, on substantial grounds, state an opinion that fraud had been committed by any of the applicants under s222(1); accordingly the order was discharged and the Official Receiver (in his official capacity) was ordered to pay the applicants' costs, but he was not personally liable as he had acted within his statutory duties.

Citation
RE FRITH LTD
Parties
Applicant — Former Director: Mr. L.F. Sims; Applicant — Former Director: Mr. G.D. Oldham; Applicant — Former Director: Madam K.W. Sims; Applicant — Chief Operating Officer: Mr. M.L.T. Sims; Respondent — Liquidator/official Receiver: Official Receiver; Company (in Liquidation): Frith Limited (In Liquidation)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 July 1984
Case Number
HCCW278/1983
Procedural Posture
Companies Winding Up / Application to Discharge Examination Order and Costs Hearing Following Official Receiver's Report Under S222(1)
Outcome
Examination order discharged; Official Receiver ordered to pay applicants' costs in his official capacity; no personal liability for Official Receiver.
Legal Topics
Winding Up, Public Examination Under Companies Ordinance S222, Official Receiver Duties, Allegation of Fraud, Costs Liability
Source Language
EN
Company Law Insolvency Civil Procedure Costs Winding Up Public Examination Under Companies Ordinance S222 Official Receiver Duties Allegation of Fraud +1 more

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Parties

Mr. L.F. Sims

Applicant — Former Director

Mr. G.D. Oldham

Applicant — Former Director

Madam K.W. Sims

Applicant — Former Director

Mr. M.L.T. Sims

Applicant — Chief Operating Officer

Official Receiver

Respondent — Liquidator/official Receiver

Frith Limited (In Liquidation)

Company (in Liquidation)

Procedural Posture

Companies Winding Up / Application to Discharge Examination Order and Costs Hearing Following Official Receiver's Report Under S222(1)

Legal Issues

  1. 1 Whether the Official Receiver's report satisfied s222(1) by stating an opinion that fraud had been committed by the applicants
  2. 2 Whether an order for public examination should have been made absent a prima facie case of fraud
  3. 3 Whether the Official Receiver should pay the applicants' costs and whether he is personally liable

Ratio Decidendi

The examination order of 18 April 1984 was improperly made because the Official Receiver's report did not, on substantial grounds, state an opinion that fraud had been committed by any of the applicants under s222(1); accordingly the order was discharged and the Official Receiver (in his official capacity) was ordered to pay the applicants' costs, but he was not personally liable as he had acted within his statutory duties.

Court Disposition

Examination order discharged; Official Receiver ordered to pay applicants' costs in his official capacity; no personal liability for Official Receiver.

Orders

  • Order of 18 April 1984 for public examination discharged as against the applicants
  • Official Receiver to pay the applicants' costs of the motion