Hong Kong Case Law: Decisions & Judgments

Topic

Committee of inspection

Legal area

Court

26 Sept 2025

RE BGA HOLDINGS LTD (FORMERLY KNOWN AS BEIBU GULF OCEAN SHIPPING (GROUP) LTD)

Citation

[2025] HKCA 752
Court

Court of Appeal
Case number

CAMP44/2024

Leave to appeal was required because the Decision was interlocutory; the contributories failed to show any reasonable prospect of success on all pleaded grounds (no real prospect of conflict; Liquidators' knowledge and Official Receiver's support justified appointment; COI unnecessary); accordingly leave to appeal was refused and application dismissed.
17 Apr 2025

RE CHINA EVERGRANDE GROUP (IN LIQUIDATION)

Citation

[2025] HKCFI 1638
Court

Court of First Instance
Case number

HCCW220/2022

The court held that the eligibility requirement for membership of a committee of inspection in a compulsory winding up is prescribed by the statutory provision requiring a COI to consist of creditors and contributories (pre-2016 s.207(1), now s.206(5)); in that context "creditor" means a person holding a legal right to the debt or liability (limited, for voting and COI purposes, to non-contingent/ascertained creditors). A regulating order under ss.227A-227E does not displace this eligibility requirement. Ultimate Holders who hold only an economic or beneficial interest in global notes and lac…
26 Feb 2024

RE BGA HOLDINGS LTD (Formerly Known as BEIBU GULF OCEAN SHIPPING (GROUP) LTD)

Citation

[2024] HKCFI 592
Court

Court of First Instance
Case number

HCCW251/2019

The appointment of liquidators was an interlocutory act; contributories therefore required leave to appeal and failed to show reasonable prospects of success or any error of principle in the court's exercise of discretion on conflict, suitability, costs, and the refusal to appoint a COI; accordingly leave was refused and the summons dismissed with costs to PBM.
3 Jan 2024

RE BGA HOLDINGS LTD (Formerly Known as BEIBU GULF OCEAN SHIPPING (GROUP) LTD)

Citation

[2024] HKCFI 51
Court

Court of First Instance
Case number

HCCW251/2019

The Court accepted the Official Receiver's reasoned reports and prior BVI findings rejecting challenges to Greenwood and Bailey; allegations of bias and misconduct were unsupported by credible evidence; Greenwood and Bailey's prior involvement, knowledge and cost/time efficiencies, together with active management measures (appointment of Tsui, court sanction requirements and statutory remedies), meant their appointment was conducive to proper liquidation and justice, and no committee of inspection was warranted.
20 Jan 2023

RE GTI HOLDINGS LTD

Citation

[2023] HKCFI 176
Court

Court of First Instance
Case number

HCCW51/2020

Although the Nominated JOLs had practical advantages and majority support by value, the court refused to appoint them because findings in the Recognition Decision revealed serious procedural misrepresentations and material non‑disclosures that undermined their appearance of independence and suitability as officers of the court; the court exercised its discretion under s194(1)(c) to appoint Chua Suk Lin Ivy and Lau Kwok Hung as joint and several liquidators and to form a seven‑member committee of inspection to ensure balanced creditor representation and protection of the estate.
23 Jun 2022

RE PROSPEROUS GLOBALCHINA HOLDING LTD

Citation

[2022] HKCFI 1988
Court

Court of First Instance
Case number

HCCW279/2018

Leave was granted for the liquidators to sell the Company's assets to the original petitioner for £11,275,586.83 because the sole objection was motivated by animus and no evidence was presented that the sale was at an undervalue or not in the best interests of creditors.
26 May 2022

RE APASTRON CAPITAL LTD

Citation

[2022] HKCFI 1567
Court

Court of First Instance
Case number

HCCW290/2020

The court held the Leading Mar claim was an unliquidated and unascertained time-costs claim inadmissible under r125, and the Advisory Agreement did not bind the company because Ms Liu lacked actual authority and could not establish ostensible authority; accordingly the PLs were appointed liquidators, there was no committee of inspection appointed, the liquidators’ remuneration to be on a time-costs basis charged to company assets, and costs were ordered nisi in favour of the PLs and Anglo Chinese.
16 Dec 2021

RE BOMIN INVESTMENT LTD (In Liquidation) (the "Company")

Citation

[2021] HKCFI 3854
Court

Court of First Instance
Case number

HCCW80/2020

Because there were no realisations, the parties agreed the material terms including acceptance of the Official Receiver's queries and costs, and those queries did not impede the making of the order, the court ordered that from 16 December 2021 the winding up be conducted as a creditors' voluntary winding up and the named liquidators be appointed; no Committee of Inspection to be formed; costs allocated as specified.
29 Sept 2021

RE VALUE FOOD SUPPLY LTD (“COMPANY”)

Citation

[2021] HKCFI 2975
Court

Court of First Instance
Case number

HCCW149/2020

Applying s194(1)(c) the court must exercise its discretion having regard to the interests of creditors overall; because the supporting creditors were associated with the company less weight was given to their votes and greater weight to independent creditors; the court therefore appointed the nominees from Briscoe Wong as liquidators, established a Committee of Inspection with cross-representation, and ordered costs allocation including splitting certain JPLs costs 50/50 between the company and Win-Chain.
8 Sept 2021

THE JOINT AND SEVERAL LIQUIDATORS OF DING HE MINING HOLDINGS LTD v.HONG KONG MEDIA ENTERPRISES HOLDINGS LTD

Citation

[2021] HKCFI 2737
Court

Court of First Instance
Case number

HCCW172/2018

The summons was properly brought; the court exercised its discretion to allow joinder of HKME for costs and to approve the sale of 36,000,000 CVM shares and the entire indebtedness owed by CVM to the Company to HKME for HK$12,000,000, authorising the liquidators to take all steps to effect the sale, without requiring further inquiry into the commercial rationale given the support of the majority of the Committee of Inspection.