Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bathampton orders

  • 15 Jun 2012

    RE DIANOOR INTERNATIONAL LTD

    Citation
    RE DIANOOR INTERNATIONAL LTD
    Court
    Court of First Instance
    Case number
    HCCW576/2008

    The court held that Aiyer and Wani acted on behalf of the companies pursuant to an express reservation of powers and were not parties in their personal capacity; accordingly costs of the validation order and provisional liquidator applications are payable by the companies as liquidation expenses, the Petitioners are entitled to their costs of the validation applications, and the Jersey Receivers' costs of HCMP 789/2008 are to be paid by the companies (3rd and 4th defendants) taxed on party and party if not agreed.

  • 4 May 2005

    RE SURPLUS TRADER LTD

    Citation
    RE SURPLUS TRADER LTD
    Court
    Court of First Instance
    Case number
    HCCW826/2004

    The court refused the validation orders because the provisional liquidators' evidence established that Surplus Trader had no available cash and Sino Trade Asia had only HK$81,000; given the companies' effective insolvency, lack of ongoing business and the small funds available, permitting use of assets to fund defences would not be in the interests of the creditors as a whole and therefore the court would not exercise its discretion to validate such payments under section 182.