Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Appointment of provisional liquidator

  • 27 Jul 2010

    RE HOPLIK CARTON PAPER FACTORY LTD

    Citation
    RE HOPLIK CARTON PAPER FACTORY LTD
    Court
    Court of First Instance
    Case number
    HCCW893/2002

    Cause was shown for removal because Mr Nedderman had abandoned his office by leaving Hong Kong without arrangements for continuance, thereby prejudicing creditors; accordingly the court exercised its wide discretion under s.196(1) to remove him and his co-liquidator(s), disallow the liquidator's fees, order delivery of books and documents, permit filing of a schedule of disbursements within defined time limits, appoint Mr Kong Chi-hau Johnson and Mr Lo Siu-kei of BDO Limited as joint and several provisional liquidators/liquidators, and award costs against Mr Nedderman.

  • 27 Jul 2010

    RE NEW LINKAGE LTD

    Citation
    RE NEW LINKAGE LTD
    Court
    Court of First Instance
    Case number
    HCCW915/2004

    The court removed Mr Nedderman and his co-liquidator(s) because his apparent abandonment and departure from Hong Kong, and his failure to ensure continuity of administration, constituted sufficient cause under s.196(1) to protect creditors' interests; his fees were disallowed due to failure properly to carry out the office; replacement joint and several provisional liquidators from BDO Limited were appointed and orders made for delivery of books and filing of disbursements and payment of costs.

  • 27 Jul 2010

    RE HONDEX PROPERTIES LTD

    Citation
    RE HONDEX PROPERTIES LTD
    Court
    Court of First Instance
    Case number
    HCCW613/2005

    Mr Nedderman's disappearance from Hong Kong and failure to provide arrangements for proper conduct of the liquidations constituted sufficient cause under s.196(1) to remove him and his co‑liquidator across the 61 matters; his fees were disallowed because his failure to carry out his office properly prejudiced creditors; BDO Limited representatives were appointed as joint and several provisional liquidators/liquidators; the outgoing liquidators were ordered to deliver books and schedules within specified time limits and to pay the Official Receiver's costs of HK$3,085.

  • 27 Jul 2010

    RE BEPEAK LTD

    Citation
    RE BEPEAK LTD
    Court
    Court of First Instance
    Case number
    HCCW862/2004

    The judge found that Mr Nedderman's apparent departure from Hong Kong and failure to provide arrangements for his practice to continue constituted sufficient cause under section 196(1) to remove him and his co-liquidators in the interests of creditors; accordingly the court removed them, disallowed Mr Nedderman’s fees for failure to carry out his office properly, appointed the named BDO Limited officers as joint and several provisional liquidators/liquidators, ordered delivery up of books and filing of disbursement schedules within stated time limits, and ordered Mr Nedderman to pay Official…

  • 27 Jul 2010

    RE EARNSMATE LTD

    Citation
    RE EARNSMATE LTD
    Court
    Court of First Instance
    Case number
    HCCW439/2004

    The court exercised its wide discretion under s.196(1) Companies Ordinance to remove Mr Anthony Nedderman and his co-liquidators because his apparent departure from Hong Kong and failure to make arrangements to continue administration constituted cause shown that prejudiced creditors and impeded proper conduct of the liquidations; accordingly his fees were disallowed for failure to carry out his office properly, replacement provisional liquidators from BDO Limited were appointed, directions made for delivery of books and filing of disbursements, and costs of $3,085 were ordered against him fo…

  • 27 Jul 2010

    RE SITECH LTD

    Citation
    RE SITECH LTD
    Court
    Court of First Instance
    Case number
    HCCW554/2005

    Cause was shown because Mr Nedderman had effectively absented himself and failed to make arrangements for the proper conduct of the liquidations, prejudicing creditors; accordingly the court removed Mr Nedderman and his co-liquidators in all 61 matters, disallowed Mr Nedderman’s fees, appointed named BDO Limited officers as joint and several provisional liquidators/liquidators, ordered delivery of books and filing of disbursements within specified time limits and ordered Mr Nedderman to pay the Official Receiver’s costs for each application.

  • 27 Jul 2010

    RE FIVE TOWNS DEVELOPMENT CO LTD

    Citation
    RE FIVE TOWNS DEVELOPMENT CO LTD
    Court
    Court of First Instance
    Case number
    HCCW495/2005

    Where a liquidator has effectively abandoned the jurisdiction or failed to make arrangements to allow proper performance of the office, the court will remove the liquidator under s.196(1) to protect the interests of creditors and the liquidation; if a liquidator has failed to carry out his office properly causing prejudice to creditors, it is appropriate to disallow his fees while preserving an order permitting filing of a schedule of disbursements for court approval.

  • 27 Jul 2010

    RE TCM DEVELOPMENT CO LTD

    Citation
    RE TCM DEVELOPMENT CO LTD
    Court
    Court of First Instance
    Case number
    HCCW505/2004

    Given credible evidence that Mr Nedderman had left Hong Kong, ceased to operate his firm and failed to make arrangements enabling proper performance of the office, the court found cause under s.196(1) to remove Mr Nedderman and his co‑liquidator, disallowed his fees for failure to carry out the office properly, appointed Mr Kong Chi‑hau Johnson and Mr Lo Siu‑kei of BDO Limited as joint and several provisional liquidators/liquidators, ordered delivery of all books and documents and permitted filing of a schedule of disbursements within prescribed times, and ordered costs of $3,085 per applicat…

  • 27 Jul 2010

    RE VICTY LTD

    Citation
    RE VICTY LTD
    Court
    Court of First Instance
    Case number
    HCCW565/2004

    The court found cause shown under s.196(1) because Mr Nedderman had left Hong Kong and failed to make arrangements for the proper conduct and continuity of the liquidations, thereby prejudicing creditors; accordingly the court removed Mr Nedderman and his co-liquidator, disallowed his fees, ordered delivery of books, permitted filing of disbursements within prescribed time limits, appointed BDO representatives as joint and several provisional liquidators or liquidators, and awarded costs of $3,085 payable by Mr Nedderman.

  • 27 Jul 2010

    RE VICTORIOUS CARGO LTD

    Citation
    RE VICTORIOUS CARGO LTD
    Court
    Court of First Instance
    Case number
    HCCW721/2004

    Mr Nedderman's apparent departure from Hong Kong and failure to make arrangements for the continuation of the liquidations constituted 'cause shown' under s.196(1) warranting his removal; his failure to carry out his office properly prejudiced creditors and justified disallowance of his fees; replacement provisional liquidators/liquidators were appointed and orders were made for delivery up of books, filing of disbursements and payment of costs by Mr Nedderman.