Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Class voting

  • 26 Sept 2000

    RE MBf ASIA CAPITAL COPPORATION HOLDINGS LTD.

    Citation
    RE MBf ASIA CAPITAL COPPORATION HOLDINGS LTD.
    Court
    Court of First Instance
    Case number
    HCMP3816/2000

    The court sanctioned the schemes because the statutory requirements were complied with, the creditor classes were fairly represented, there was no coercion of minority creditors, independent advice was likely available to creditor banks, and 100% of the scheme creditors present and voting approved the schemes, satisfying the statutory and equitable criteria for sanction.

  • 18 Apr 2000

    Re Keen Yield Investment Ltd.

    Citation
    Re Keen Yield Investment Ltd.
    Court
    Court of First Instance
    Case number
    HCMP427/2000

    The court applied the rights test for class determination, concluded internal creditors’ votes did not render meetings unrepresentative or produce confiscation or injustice, found disputed claims valued at HK$0 were reasonably assessed and did not bar exclusion from voting, waived technical irregularities, and exercised its discretion to sanction the 25 Schemes as fair and just, conditional on Stock Exchange approval by the stated date.