Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Creditors' approval and restructuring
  • 5 Oct 2005

    RE ASEAN INTERESTS LTD

    Citation
    RE ASEAN INTERESTS LTD
    Court
    Court of First Instance
    Case number
    HCCW1233/2000

    The court granted a permanent stay because the applicants discharged the burden to show the restructuring was bona fide and in creditors' interests, liquidators supported the proposal, creditors would receive better returns than in liquidation, public policy concerns raised by the liquidators were remedied by repayments, subordination and conversion undertakings, settlement of contingent liabilities, and by a Carecraft disqualification order against Mr Vaswani; accordingly the balance favoured granting the stay subject to the terms and undertakings secured.