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Hong Kong decisions
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The Court of First Instance made a winding-up order against Imperial Pacific International Holdings Limited after finding insolvency and rejecting a further adjournment for restructuring.
The court held that a business transferee can be liable under the TBPCO for pre-transfer copyright claims in a pending action, but injunctive relief did not automatically bind transferees.
The Court of Appeal upheld confirmation of a capital reduction, holding that creditor protection remained central and the undertaking adequately safeguarded recoveries.
The court adjourned a winding-up petition to allow a proposed scheme of arrangement to proceed, and made a validation order for payment into court.
The court refused a further adjournment of a winding-up petition and made a winding-up order against Aether Limited, finding no compelling reason to defer liquidation.
The court confirmed a special resolution reducing share capital under the Companies Ordinance, holding that disclosure and timing defects did not justify cancellation.
The Court of First Instance sanctioned a restructuring scheme for Da Yu Financial Holdings and recognised a Cayman judgment, rejecting Perfect Gate’s challenge to the EGM votes.
The court refused further adjournment, found no concrete restructuring proposal, and made winding-up orders for five related companies while keeping the provisional liquidators in office.
Application to confirm a capital reduction refused because the proposed minute was misleading and the audited accounts carried disclaimers of opinion.
Harris J sanctioned CNT Security Group Limited’s capital reduction, holding the proposal proper to write off accumulated losses and that creditor safeguards were adequate.
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