Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Adjournment effect on votes
  • 2 Apr 2003

    RE CIL HOLDINGS LTD

    Citation
    RE CIL HOLDINGS LTD
    Court
    Court of First Instance
    Case number
    HCMP2799/2002

    A vote to adjourn does not amount to a rejection of the substantive resolution and an adjourned meeting is a continuation of the original meeting; accordingly the reconvened meeting on 20 December 2002 was valid without a new court order. The Excluded Claimants' legal rights were not affected by the Amended Scheme because the Company's status and available asset pool were not diminished and payments to Scheme Creditors were to be funded solely by the Subscriber's subscription; therefore the court had jurisdiction and in the exercise of its discretion sanctioned the Amended Scheme on the Subsc…