LUNG KAM CHIU v. LIANG HUI TAO AND OTHERS

LUNG KAM CHIU v. LIANG HUI TAO AND OTHERS

Because the sale was under a pre-petition contract that was specifically enforceable, section 182 did not apply to completion of the sale and the court should not grant a validation order or give an advisory opinion; therefore the validation application was dismissed and costs ordered in the cause of the petition.

Citation
LUNG KAM CHIU v. LIANG HUI TAO AND OTHERS
Parties
3rd Respondent (company): 3rd Respondent (Company)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2014
Case Number
HCCW209/2014
Procedural Posture
Winding Up Petition / Interlocutory Application Under Section 182 to Validate Pre Petition Sale (application by Company)
Outcome
Application dismissed
Legal Topics
Winding Up, Validation of Transactions, Specific Performance, Disposition of Company Property, Statutory Interpretation
Source Language
EN
Company Law Insolvency Law Civil Procedure Winding Up Validation of Transactions Specific Performance Disposition of Company Property Statutory Interpretation

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Parties

3rd Respondent (Company)

3rd Respondent (company)

Procedural Posture

Winding Up Petition / Interlocutory Application Under Section 182 to Validate Pre Petition Sale (application by Company)

Legal Issues

  1. 1 Whether section 182 of the Companies (Winding up and Miscellaneous Provisions) Ordinance (Cap.32) applies to completion of a pre-petition sale of land which is specifically enforceable
  2. 2 Whether the court should grant a validation order under section 182 where it is common ground that the section does not apply and whether the court should give what is in substance an advisory opinion

Ratio Decidendi

Because the sale was under a pre-petition contract that was specifically enforceable, section 182 did not apply to completion of the sale and the court should not grant a validation order or give an advisory opinion; therefore the validation application was dismissed and costs ordered in the cause of the petition.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Costs in the cause of the Petition