Hong Kong Case Law: Decisions & Judgments

Topic

Delivery up of books and documents

Legal area

Court

27 Jul 2010

RE SUN TUNG LOK CATERERS (MANAGEMENT & CONSULTANT) LTD

Citation

RE SUN TUNG LOK CATERERS (MANAGEMENT & CONSULTANT) LTD
Court

Court of First Instance
Case number

HCCW544/2005

The court found that Mr Nedderman had effectively abandoned his office by leaving Hong Kong and failing to make arrangements for the continuance of the liquidations; that abandonment constituted sufficient cause under s.196(1) to remove him and his co-liquidators, to disallow his fees for failure to carry out his duties, to require delivery up of books and documents, to permit filing of disbursements within specified periods, to appoint BDO Limited nominees as joint and several provisional liquidators or liquidators, and to order costs of $3,085 against him.
27 Jul 2010

RE VICTORIA GARMENT MANUFACTURING CO LTD

Citation

RE VICTORIA GARMENT MANUFACTURING CO LTD
Court

Court of First Instance
Case number

HCCW758/2005

Given credible evidence that Mr Nedderman has departed Hong Kong and failed to make arrangements to continue the operation of his office thereby prejudicing creditors, the court exercised its wide discretion under s.196(1) to remove him and his co-liquidators, to disallow his fees for failure to carry out the office properly, to appoint competent replacement provisional liquidators/liquidators and to order delivery up of books and specified procedures for disbursements and costs.
27 Jul 2010

RE FRIENDS OF MINE GROUP LTD

Citation

RE FRIENDS OF MINE GROUP LTD
Court

Court of First Instance
Case number

HCCW867/2005

Mr Nedderman's disappearance from Hong Kong and failure to make arrangements to enable his firm or co-liquidators to carry on the liquidation constituted good cause under s.196(1) to remove him and his co-liquidators; his fees were disallowed because his failure to perform the office properly prejudiced creditors; replacement provisional liquidators/liquidators were appointed and consequential orders for delivery of books, filing of disbursements and costs were made.
27 Jul 2010

RE VICTORIOUS CARGO LTD

Citation

RE VICTORIOUS CARGO LTD
Court

Court of First Instance
Case number

HCCW721/2004

Mr Nedderman's apparent departure from Hong Kong and failure to make arrangements for the continuation of the liquidations constituted 'cause shown' under s.196(1) warranting his removal; his failure to carry out his office properly prejudiced creditors and justified disallowance of his fees; replacement provisional liquidators/liquidators were appointed and orders were made for delivery up of books, filing of disbursements and payment of costs by Mr Nedderman.
27 Jul 2010

RE HONG KEE CO LTD

Citation

RE HONG KEE CO LTD
Court

Court of First Instance
Case number

HCCW529/2005

The court held that Mr Nedderman’s disappearance from Hong Kong and failure to make arrangements for his practice to continue constituted "cause shown" under s.196(1); accordingly he and his co-liquidators were removed, his fees were disallowed because of failure to carry out the office properly causing prejudice to creditors, replacement provisional liquidators/liquidators (BDO nominees) were appointed, orders made for delivery up of books and for filing of disbursements, and costs of $3,085 were awarded against Mr Nedderman.
27 Jul 2010

RE OPESCO INVESTMENT LTD

Citation

RE OPESCO INVESTMENT LTD
Court

Court of First Instance
Case number

HCCW1254/2004

Given Mr Nedderman’s disappearance from Hong Kong and failure to make arrangements for the proper continuation of his functions, the Official Receiver proved sufficient cause under s.196(1) to remove Mr Nedderman and his co-liquidator, to disallow Mr Nedderman’s fees, to appoint the nominated BDO officers as joint and several provisional liquidators/liquidators, to order delivery up of books and permit filing of disbursements within specified periods, and to award costs of HK$3,085 in each application against Mr Nedderman.

Hong Kong Case Law

RE SUN TUNG LOK CATERERS (MANAGEMENT & CONSULTANT) LTD

RE VICTORIA GARMENT MANUFACTURING CO LTD

RE FRIENDS OF MINE GROUP LTD

RE VICTORIOUS CARGO LTD

RE HONG KEE CO LTD

RE OPESCO INVESTMENT LTD