Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Directors' conduct report
  • 2 Nov 2007

    RE ZHU KUAN GROUP CO LTD

    Citation
    RE ZHU KUAN GROUP CO LTD
    Court
    Court of First Instance
    Case number
    HCMP1287/2007

    The court sanctioned both inter-conditional schemes because the scheme meetings were properly convened, the class was correctly constituted, adequate disclosure was made (including directors' conduct returns), the statutory majorities voted in favour and the schemes were ones that an intelligent and honest creditor might reasonably approve. The court granted a permanent stay of the Hong Kong winding-up proceedings conditional on the schemes becoming effective because the restructuring provides clear benefit to creditors, avoids disproportionate cross-border litigation and is not contrary to p…