Hong Kong Case Law: Decisions & Judgments

Topic

Creditor meetings

Legal area

Court

25 Aug 2025

RE SHUNFENG INTERNATIONAL CLEAN ENERGY LTD

Citation

[2025] HKCFI 4119
Court

Court of First Instance
Case number

HCCW84/2025

Immediate winding up was refused; the petition is adjourned to 10:00am on 19 November 2025 on condition that the Company files by 5pm on 24 October 2025 a detailed report of creditors, liabilities, assets and a practicable proposal for realisation and repayment, so the court and Petitioner can decide whether to allow further time for a scheme or to wind up the Company.
16 Oct 2014

RE DAYS INTERNATIONAL LTD

Citation

RE DAYS INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCCW299/2011

The dispute was adversarial in character; the liquidators' position was materially strengthened by the third affirmation of Mr Fok served 8 July 2013 which revealed evidence raising strong doubts about the genuineness of the underlying debt; accordingly Global must pay the liquidators' costs, but indemnity costs are confined to the period after the evidence could reasonably be relied upon (costs up to and including 20 July on a party-and-party basis; costs thereafter on an indemnity basis; costs of the hearing on the day ordered on a party-and-party basis).
5 Jul 2013

RE KB (ASIA) LTD

Citation

RE KB (ASIA) LTD
Court

Court of First Instance
Case number

HCMP307/2013

The court will permit progression to a creditors' meeting only after adequate disclosure and translations are provided; however, even if a statutory majority approves the scheme, the court will scrutinize the scheme and may refuse to sanction it and instead place the company into liquidation for independent investigation if warranted by the company's insolvency and unexplained matters.
4 Aug 2006

RE TAI SUN PLASTIC NOVELTIES LTD

Citation

RE TAI SUN PLASTIC NOVELTIES LTD
Court

Court of First Instance
Case number

HCMP401/2006

Due cause existed to remove Mr Lui and Mr Ha because they unreasonably delayed responding to creditor inquiries, failed to investigate multiple credible matters arising from the accounts and related-party transactions, and demanded excessive funding thereby causing loss of creditor confidence; removal ordered but stayed until replacement liquidators are appointed and creditors are convened to choose replacements because immediate appointment of the proposed firm would raise a reasonable perception of bias.
15 Jul 2005

RE STEREO LTD (the Company)

Citation

RE STEREO LTD (the Company)
Court

Court of First Instance
Case number

HCMP757/2005

The court concluded the statutory conditions under s166(2) were satisfied (proper class constitution, meeting convened per court directions, sufficient information to creditors, requisite majority in favour) and the scheme met the reasonable-approval test from Re China Light & Power; accordingly the petition was allowed and the scheme sanctioned.
26 Apr 2004

RE I-CHINA HOLDINGS LTD

Citation

RE I-CHINA HOLDINGS LTD
Court

Court of First Instance
Case number

HCCW1321/2002

The statutory requirements for sanctioning the s.166 scheme were satisfied: the creditors' meeting was properly convened, the class was properly constituted, the statutory majority approved the scheme, and the scheme was fair and reasonable and offered a better prospect of recovery for creditors than an anticipated winding up; accordingly the court sanctioned the scheme and granted conditional withdrawal of the winding-up petition and discharge of provisional liquidators subject to the issue of the closing notice.
5 Dec 2001

RE WAH LEE RESOURCES HOLDINGS LTD.

Citation

RE WAH LEE RESOURCES HOLDINGS LTD.
Court

Court of First Instance
Case number

HCMP5671/2001

The court sanctioned the Scheme because the statutory voting requirements under s.166(2) were overwhelmingly met in both number and value, the one‑day shortfall in notice was a minor technical defect that the court properly waived in the circumstances, creditors were correctly classified so no separate meetings were required, there were no s.167 implications, and the Scheme presented a commercially preferable outcome to liquidation.
26 Sept 2000

RE MBf ASIA CAPITAL COPPORATION LTD.

Citation

RE MBf ASIA CAPITAL COPPORATION LTD.
Court

Court of First Instance
Case number

HCMP3815/2000

The court found statutory requirements were complied with, the creditor class was fairly represented, there was no coercion, the schemes resulted from negotiated arrangements with probable independent advice and received unanimous approval at the meetings; on that basis the court exercised its discretion to sanction the schemes.