Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Companies ordinance s177(1)(f)

Legal area

Court

9 Oct 2013

HO CHI WA AND ANOTHER v. HO KING WAI, TERRY AND OTHERS

Citation

HO CHI WA AND ANOTHER v. HO KING WAI, TERRY AND OTHERS
Court

Court of First Instance
Case number

HCCW433/2012

Paragraph 5 was struck out because the court is satisfied there is no realistic prospect that, after trial, a winding-up order would be made: the Petitioners produced no evidence to show respondents would be unwilling or unable to comply with a buy-out order and the company’s financial position and assets (no debt, a flat asset, ongoing trading profit) do not support a winding-up order.
29 Oct 2009

BEATRICE TSANG SAU HING AND ANOTHER v. YEUNG MAN LOONG MAXLY AND OTHERS

Citation

BEATRICE TSANG SAU HING AND ANOTHER v. YEUNG MAN LOONG MAXLY AND OTHERS
Court

Court of Appeal
Case number

CACV21/2009

The Court of Appeal concluded the provisional liquidators acted in ways that caused the petitioners reasonably to lose confidence and gave reasonable grounds for a perception of bias in favour of the Yeungs (failure to consult, channel receipts through Yeung Senior, adoption of Long Summer with a retrospective 5% commission, and lack of court directions); balancing the interests of the liquidation, the judge properly exercised his discretion to remove them and the appeals were dismissed.