Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Companies ordinance s181

Legal area

Court

18 Jan 2001

RAINBOW BRIGHT HOLDINGS LTD. v. MATSUBA (HK) LTD.

Citation

RAINBOW BRIGHT HOLDINGS LTD. v. MATSUBA (HK) LTD.
Court

Court of First Instance
Case number

HCCW17/2000

The court granted a stay under s181(b) because execution by garnishee was not complete until payment to the creditor under s269(2)(b), the matter involved a genuine dispute between creditors/shareholders such that allowing payment would improperly confer priority after presentation of the winding-up petition, and established authority (Attlee) supports staying post-judgment execution in these circumstances; costs were ordered in the cause on the terms stated.
21 Dec 1999

Re UDL Contracting Ltd.

Citation

Re UDL Contracting Ltd.
Court

Court of First Instance
Case number

HCCW762/1999

The court held that an arbitration is a "proceeding" under s181(b), that s2AA does not displace s181, and that the court should exercise its discretion to grant a limited stay because the Company is impecunious and continuation of the arbitration would cause substantial injustice to the Company and its creditors; accordingly the restraining order was extended until conclusion of the hearing of the winding up petition.