Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dispensing first creditors meeting
  • 12 Mar 2021

    RE HSIN CHONG CONSTRUCTION CO LTD

    Citation
    [2021] HKCFI 559
    Court
    Court of First Instance
    Case number
    HCCW239/2018

    The application for a regulating order was dismissed because the court was not satisfied it was right to deprive creditors of the statutory opportunity to convene and vote at a first meeting: two significant creditors (HSBC and WKCDA) had legitimate, non‑frivolous objections based on procedural failings by the Provisional Liquidators and prior judicial criticisms; the applicants failed to demonstrate that a remote meeting was considered or infeasible; allowing creditors to canvass and choose liquidators was required in the interests of creditors, so dispensing with the first meeting and appoi…