Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Conflict of interest and apparent bias

Legal area

Court

5 Jul 1990

RE TEXXAN INDUSTRIES LTD

Citation

RE TEXXAN INDUSTRIES LTD
Court

Court of First Instance
Case number

HCCW151/1990

There was a prima facie case for winding-up but no evidence of jeopardy to assets or of proven misconduct by the liquidators; allegations of apparent bias could not be resolved on affidavits alone and, on the balance of convenience (considering work done, majority creditors' decision and risk of wasted costs), the court would not appoint a provisional liquidator or displace the voluntary liquidators; applications dismissed.
5 Jul 1990

RE CHINO INDUSTRIES LTD

Citation

RE CHINO INDUSTRIES LTD
Court

Court of First Instance
Case number

HCCW152/1990

Although the companies were insolvent and a prima facie case for winding up existed, there was no evidence of danger to assets or mismanagement and the allegations of bias could not be resolved on affidavits; on the balance of convenience the court should preserve the status quo and dismiss the applications for appointment of provisional liquidators.