Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Companies ordinance s.182

Legal area

Court

29 Jul 2003

RE CORE-PACIFIC-YAMAICHI INTERNATIONAL (HK) LTD

Citation

RE CORE-PACIFIC-YAMAICHI INTERNATIONAL (HK) LTD
Court

Court of First Instance
Case number

HCCW804/2003

The court granted a limited validation order: payments into/out of bank accounts and dispositions in the ordinary course for proper value made since presentation of the petition are not void under s.182 if winding-up is later ordered; the court refused to impose the petitioner's proposed 48-hour board notice undertaking and refused the broad preservation clause as subsidiaries were not before the court and there was no pleaded dissipation that justified such relief, leaving the petitioner free to seek interlocutory relief if warranted.
25 May 1999

Hwang Da lin and Another v. Wong Chung Keung and Others

Citation

Hwang Da lin and Another v. Wong Chung Keung and Others
Court

Court of Appeal
Case number

CACV300/1998

The Court upheld the trial judges discretionary choice of the date of presentation of the petition as the appropriate date for valuation because there was no evidence to show a decline in the specific properties value, the judge did not err in law or on the facts, and the pervasive misapplication of company assets justified fixing the date when the petitioner unequivocally ceased to accept the conduct complained of; accordingly the appeal was dismissed and costs on an indemnity basis were ordered.