Hong Kong Case Law: Decisions & Judgments

Topic

Delivery of books and documents

Legal area

Court

27 Jul 2010

RE WAYGAIN LTD

Citation

RE WAYGAIN LTD
Court

Court of First Instance
Case number

HCCW912/2005

The court found that Mr Nedderman's disappearance from Hong Kong and failure to make arrangements for the continued operation of his practice and for co-liquidators to carry out their duties constituted 'cause shown' under s.196(1); accordingly the liquidators were removed, their fees disallowed because their failure prejudiced creditors, replacement liquidators were appointed, books and documents ordered delivered and costs of $3,085 awarded against Mr Nedderman for each application.
27 Jul 2010

RE AMERY CONSTRUCTION WATERPROOFING CO, LTD

Citation

RE AMERY CONSTRUCTION WATERPROOFING CO, LTD
Court

Court of First Instance
Case number

HCCW124/2005

Mr Nedderman's abandonment of his office and failure to ensure continuity of the liquidation process constituted sufficient cause under s.196(1) for removal; removal and replacement by suitably available liquidators was necessary to protect creditor interests, and disallowance of his fees was appropriate given his failure to perform his office and resulting prejudice to creditors.
27 Jul 2010

RE DIAMOND EARN INVESTMENTS LTD

Citation

RE DIAMOND EARN INVESTMENTS LTD
Court

Court of First Instance
Case number

HCCW877/2004

Given Mr Nedderman’s disappearance from Hong Kong, failure to make arrangements to allow his firm to continue the office and the resulting prejudice to creditors, the court (exercising the wide discretion under s.196(1) of the Companies Ordinance and applying Liote) found cause to remove him and his co-liquidators, disallowed his fees for failing to carry out the office properly, ordered delivery of books and permitted the replacement appointment of BDO nominees and an application for disbursements within specified timeframes; costs ordered against him.
27 Jul 2010

RE WEALTH FORD INVESTMENT LTD

Citation

RE WEALTH FORD INVESTMENT LTD
Court

Court of First Instance
Case number

HCCW352/2004

The court found cause shown under s.196(1) because Mr Nedderman effectively abandoned his office by leaving Hong Kong and failing to make arrangements for continuing administration, thereby prejudicing creditors; accordingly the court removed Mr Nedderman and his co‑liquidators, disallowed his fees, ordered delivery of books and allowed appointment of named BDO appointees with directions on filing disbursements and costs payable by Mr Nedderman.
27 Jul 2010

RE KIN LEE KO CONSTRUCTION CO LTD

Citation

RE KIN LEE KO CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCCW1298/2002

Mr Nedderman’s departure from Hong Kong and failure to provide arrangements for continuity constituted cause shown under s.196(1), prejudiced the proper administration of the liquidations and creditors’ interests; accordingly the court removed him and his co-liquidators, disallowed his fees, appointed BDO nominees as joint and several provisional liquidators/liquidators, ordered delivery of books and permitted filing of disbursements, and awarded costs of HK$3,085 to the Official Receiver in each application.
27 Jul 2010

RE HOSEN INVESTMENT LTD

Citation

RE HOSEN INVESTMENT LTD
Court

Court of First Instance
Case number

HCCW566/2005

The court found cause shown under s.196(1) because Mr Nedderman had effectively abandoned his office by leaving Hong Kong and failing to ensure continuity of administration, thereby prejudicing creditors; accordingly the court removed him and his co-liquidator, disallowed his fees, appointed qualified replacements and made ancillary orders concerning delivery of books, filing of disbursements and costs.
27 Jul 2010

RE JOYCA DEVELOPMENT LTD

Citation

RE JOYCA DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCCW1167/2004

The court exercised its wide discretion under s.196(1) Companies Ordinance and found cause to remove Mr Nedderman and his co-liquidator(s) because his disappearance from Hong Kong and failure to put in place arrangements to continue the administration constituted abandonment of office and prejudiced creditors; accordingly the removal was necessary, his fees were disallowed for failure to properly carry out the office, replacement provisional liquidators (Mr Kong and Mr Lo of BDO Limited) were appointed, books and documents were ordered delivered and a costs order of HKD 3,085 per application…
27 Jul 2010

RE TATTUNE DEVELOPMENT LTD

Citation

RE TATTUNE DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCCW556/2004

The court found that Mr Nedderman’s apparent departure from Hong Kong and failure to make arrangements to permit the continuation of liquidations constituted good cause under s.196(1) to remove him; his fees were disallowed because his failure to carry out his office properly prejudiced creditors; replacement provisional liquidators were appointed and ancillary orders for delivery of books and filing of disbursements and costs were made.
27 Jul 2010

RE BEST CYCLE LTD

Citation

RE BEST CYCLE LTD
Court

Court of First Instance
Case number

HCCW361/2005

The court found that Mr Nedderman’s apparent permanent departure from Hong Kong and his failure to make arrangements to enable the liquidation functions to continue constituted sufficient 'cause shown' under s.196(1) to remove him; his fees were disallowed because his failure to carry out his office properly prejudiced creditors; BDO appointees were ordered in his place and orders made for delivery of books, filing of disbursements schedule and payment of Official Receiver costs of $3,085 per application by Mr Nedderman.
27 Jul 2010

RE STANDARD WELL DEVELOPMENT LTD

Citation

RE STANDARD WELL DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCCW966/2004

Given Mr Nedderman’s disappearance from Hong Kong and failure to make arrangements to continue the operation of his office, the court found that 'cause' was shown under s.196(1) warranting removal to protect the liquidation and creditors; his fees were disallowed because he failed properly to carry out his office and caused prejudice to creditors; replacement provisional liquidators from BDO Limited were appointed and orders for delivery of books, filing of disbursements and payment of costs were made.