RE PERAK PIONEER LTD

RE PERAK PIONEER LTD

The court held that where a provisional liquidator has been appointed the company is nevertheless entitled to be represented and have locus to act in interlocutory matters; Section 186 applied to the proceedings with a provisional liquidator and service on the company was required in 231/1984, while Section 186 did not apply to 141/1984 because no provisional liquidator had been appointed, therefore the summons in 141/1984 was dismissed and the summons in 231/1984 was adjourned for proper service on the company.

Citation
RE PERAK PIONEER LTD
Parties
Applicant/petitioner: Carrian Holdings Limited (in liquidation); Company/respondent: Perak Pioneer Limited; Co Petitioner: Bumiputra Malaysia Finance Limited; Co Petitioner: Bank Bumiputra Malaysia Berhad; Official Receiver/provisional Liquidator: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 1984
Case Number
HCCW141/1984
Procedural Posture
Companies Winding Up (creditor's Petitions) / Interlocutory Application for Leave Under S186 to Commence S143(1)(a) Investigation; Hearings Pending
Outcome
Summons in 141/1984 dismissed; summons in 231/1984 adjourned for service on the company.
Legal Topics
Winding Up, Provisional Liquidator, Leave to Commence Proceedings Under S186, Statutory Inspection Under S143(1)(a), Service, Locus Standi
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Provisional Liquidator Leave to Commence Proceedings Under S186 Statutory Inspection Under S143(1)(a) Service +1 more

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Parties

Carrian Holdings Limited (in liquidation)

Applicant/petitioner

Perak Pioneer Limited

Company/respondent

Bumiputra Malaysia Finance Limited

Co Petitioner

Bank Bumiputra Malaysia Berhad

Co Petitioner

Official Receiver

Official Receiver/provisional Liquidator

Procedural Posture

Companies Winding Up (creditor's Petitions) / Interlocutory Application for Leave Under S186 to Commence S143(1)(a) Investigation; Hearings Pending

Legal Issues

  1. 1 Whether leave under s186 is required to commence the s143(1)(a) investigation application
  2. 2 Whether the company retains locus to be represented after appointment of a provisional liquidator
  3. 3 Whether service on the company was required for the summons in 231/1984

Ratio Decidendi

The court held that where a provisional liquidator has been appointed the company is nevertheless entitled to be represented and have locus to act in interlocutory matters; Section 186 applied to the proceedings with a provisional liquidator and service on the company was required in 231/1984, while Section 186 did not apply to 141/1984 because no provisional liquidator had been appointed, therefore the summons in 141/1984 was dismissed and the summons in 231/1984 was adjourned for proper service on the company.

Court Disposition

Summons in 141/1984 dismissed; summons in 231/1984 adjourned for service on the company.

Orders

  • Summons in petition No. 141 of 1984 dismissed.
  • Summons in petition No. 231 of 1984 adjourned for service to be effected on the company.