Hong Kong Case Law: Decisions & Judgments

Topic

Company revival

Legal area

Court

4 Oct 2018

CHOW GREGORY CHI CHONG (also known as GREGORY CHOW) v. THE REGISTRAR OF COMPANIES

Citation

[2018] HKCFI 2251
Court

Court of First Instance
Case number

HCMP2490/2017

Exceptional circumstances existed because the applicant only learned of his shareholding and the undisposed land after the 2-year period, he acted promptly, no prejudice or competing claims exist (government not claiming bona vacantia), and revival would enable realization of the asset for shareholders; therefore the court extended the s.290 time limit, declared the dissolution void and appointed a new liquidator (Mr Lam Wing Yi Jerry), with ancillary compliance and costs orders.
7 May 2015

CHINA GUANGZHOU INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO LTD v. OFFICIAL RECEIVER AND ANOTHER

Citation

CHINA GUANGZHOU INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO LTD v. OFFICIAL RECEIVER AND ANOTHER
Court

Court of First Instance
Case number

HCMP907/2015

The court granted an extension under s290(1A) and declared the dissolution void because a material asset (a potential RMB settlement) previously unknown to the liquidators emerged which would enable creditors to be repaid and no prejudice from delay was demonstrated.
23 May 2008

RE HONG KONG JIN SHENG INDUSTRIAL GROUP LTD (in liquidation)

Citation

RE HONG KONG JIN SHENG INDUSTRIAL GROUP LTD (in liquidation)
Court

Court of First Instance
Case number

HCCW469/2007

The court permanently stayed the winding-up because the material creditors whose claims gave rise to the winding-up had been discharged by settlement and release, the provisional liquidators raised no objection, the Official Receiver reported no adverse matters, and the applicant undertook to meet the provisional liquidators' expenses; these facts justified exercise of the s.209 discretion to stay the winding-up.
10 Mar 2005

YU YI MUN v. PUI CHIU WING AND ANOTHER

Citation

YU YI MUN v. PUI CHIU WING AND ANOTHER
Court

Court of First Instance
Case number

HCCW494/2004

Because all creditors' claims and liquidation expenses had been either paid or compromised, the provisional liquidators did not oppose the application, there were no irregularities requiring investigation, and binding undertakings and payments were given, the court exercised its discretion under s.209(1) to permanently stay further winding-up proceedings subject to specified conditions.
4 May 2001

AXA CHINA REGION INSURANCE CO. LTD. v. MARATZ (HK) LTD. (Dissolved) AND OTHERS

Citation

AXA CHINA REGION INSURANCE CO. LTD. v. MARATZ (HK) LTD. (Dissolved) AND OTHERS
Court

Court of First Instance
Case number

HCMP2166/2001

The court granted revival under Companies Ordinance s.290 because the insurer demonstrated a sufficient proprietary and procedural interest as subrogee needing the company revived to pursue timely foreign litigation, provided undertakings to bear the liquidator's costs, and confirmed no company assets had become bona vacantia; the earlier ex parte step was incorrect but remedied by the inter partes application.

Hong Kong Case Law

CHOW GREGORY CHI CHONG (also known as GREGORY CHOW) v. THE REGISTRAR OF COMPANIES

CHINA GUANGZHOU INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO LTD v. OFFICIAL RECEIVER AND ANOTHER

RE HONG KONG JIN SHENG INDUSTRIAL GROUP LTD (in liquidation)

YU YI MUN v. PUI CHIU WING AND ANOTHER

AXA CHINA REGION INSURANCE CO. LTD. v. MARATZ (HK) LTD. (Dissolved) AND OTHERS