Hong Kong Case Law: Decisions & Judgments

Topic

Appointment of agents

Legal area

Court

20 Apr 2007

RE PHANTOM RECORDS LTD

Citation

RE PHANTOM RECORDS LTD
Court

Court of First Instance
Case number

HCCW591/1999

Given the benefits to the creditors from prompt recovery, absence of evidence of misconduct, the intended taxation/scrutiny of fees and the disproportionate cost of case-by-case inquiry, the court will exercise its power under section 200(3) to retrospectively authorise the Panel B appointments and permit payment of agents' fees out of company assets subject to taxation and limits set by the Panel B arrangements.
20 Apr 2007

RE MONDIAL ATELIER GARMENT (HONG KONG) LTD

Citation

RE MONDIAL ATELIER GARMENT (HONG KONG) LTD
Court

Court of First Instance
Case number

HCCW374/1999

Given the services benefitted the creditors and liquidations, absence of evidence of misconduct, the availability of taxation to scrutinise fees and the disproportionate cost of case-by-case inquiry into delegation, the court exercised its discretion under section 200(3) to retrospectively authorise the Panel B appointments and permit payment of agents' fees from company assets subject to taxation.
20 Apr 2007

RE BOKEY (P & S) TRADING CO LTD

Citation

RE BOKEY (P & S) TRADING CO LTD
Court

Court of First Instance
Case number

HCCW521/1999

The court exercised its discretion under Companies Ordinance s200(3) to grant retrospective ratification and sanction payment of Panel B agents' fees out of the assets of the respective companies subject to taxation, because the appointments served the interests of creditors, there was no evidence of conflict or misconduct, the intended taxation provided independent scrutiny, and it would be disproportionate to investigate delegation in each case individually.
20 Apr 2007

RE PAN-PACIFIC EXHIBITION CONTRACTORS LTD

Citation

RE PAN-PACIFIC EXHIBITION CONTRACTORS LTD
Court

Court of First Instance
Case number

HCCW112/1999

The court exercised its power under section 200(3) to retrospectively ratify the Official Receiver's appointments of Panel B agents and to authorise taxation and payment of their fees out of the assets of the respective companies because the appointments were made to protect and realise assets for the benefit of creditors, there was no evidence of misconduct or conflict of interest, oversight existed, and it was disproportionate to investigate each file; payment is limited to amounts allowed on taxation.
20 Apr 2007

RE CONSTRUCTION & PRODUCTION SYSTEMS LTD

Citation

RE CONSTRUCTION & PRODUCTION SYSTEMS LTD
Court

Court of First Instance
Case number

HCCW648/1999

The court exercised its discretion under section 200(3) to retrospectively ratify the appointments of Panel B agents and to sanction payment of their fees from the assets of the companies subject to taxation because the agents' work benefited the creditors and the liquidation, there was no evidence of impropriety, and a case-by-case investigation of delegation was disproportionate and impractical given the passage of time and limited assets.
20 Apr 2007

RE T.D.A. CO LTD

Citation

RE T.D.A. CO LTD
Court

Court of First Instance
Case number

HCCW373/1999

The court will exercise its power under section 200(3) to retrospectively ratify the appointments of the Panel B agents in the 19 cases and authorise payment of their fees from the assets of the companies provided payments are limited to amounts allowed on taxation because the appointments benefited the creditors and the liquidations, there is no evidence of misconduct or conflict of interest, and individual investigations would be disproportionate.
20 Apr 2007

RE CHINA ARTS AND CRAFTS PRINTING LTD

Citation

RE CHINA ARTS AND CRAFTS PRINTING LTD
Court

Court of First Instance
Case number

HCCW420/1997

The court exercised its discretion under Companies Ordinance s200(3) to grant retrospective authorisation of the Panel B appointments and sanction payment of agents' fees from company assets (subject to taxation) because the agents' work benefited creditors, there was no evidence of misconduct or conflict, fees would be independently taxed, and it was disproportionate to investigate delegation individually given the time elapsed and limited assets.
20 Apr 2007

RE RICH GLORY SHIPPING LTD

Citation

RE RICH GLORY SHIPPING LTD
Court

Court of First Instance
Case number

HCCW508/1997

The court exercised its discretion under Companies Ordinance s200(3) to retrospectively ratify the Official Receiver's appointments of Panel B agents and to authorise payment of their fees out of the companies' assets subject to taxation because the agents' work benefited the creditors and the liquidations, there was no evidence of misconduct or conflict of interest, taxation will provide independent scrutiny, and it would be disproportionate to investigate delegation in each file.
20 Apr 2007

RE SUN WING LEE HING CHAN CO LTD

Citation

RE SUN WING LEE HING CHAN CO LTD
Court

Court of First Instance
Case number

HCCW754/1999

The court exercised its discretion under section 200(3) to grant retrospective authorisation of the Panel B appointments and to permit payment of agents' fees out of company assets subject to taxation because the appointments served creditors' interests, there was no evidence of conflict or misconduct, fees would be judicially scrutinised by taxation, and it was disproportionate to require case-by-case investigation of delegation given the passage of time and limited assets.
20 Apr 2007

RE PHILMA PETROLEUM LTD

Citation

RE PHILMA PETROLEUM LTD
Court

Court of First Instance
Case number

HCCW459/1997

The court will exercise its discretion under s200(3) to grant retrospective authorisation of the Official Receiver's appointments of Panel B agents and to sanction payment of agents' fees out of the companies' assets, subject to taxation and scrutiny, because the appointments and work done were in the interests of the creditors and the liquidation, there is no evidence of misconduct or conflict of interest, and a case-by-case inquiry into delegation is disproportionate and impractical.