Hong Kong Case Law: Decisions & Judgments

Topic

Duties of liquidator

Legal area

Court

31 Mar 2021

LUEN TAT WATCH BAND MANUFACTURER LTD v. STEPHEN LIU YIU KEUNG DAVID YEN CHING WAI

Citation

[2021] HKCFI 835
Court

Court of First Instance
Case number

HCMP1071/2018

The Former Liquidators demonstrated arguable but not strong grounds of appeal and failed to identify or evidence specific documents that fall outside the prima facie duty to deliver; the evidential burden rests on them as holders of the documents; the balance of prejudice favoured the plaintiff because wasted costs alone do not justify a stay and the plaintiff would suffer prejudice from non-compliance; accordingly the stay pending appeal was refused and compliance ordered within 28 days, with costs awarded to the plaintiff of HK$180,000 on the standard basis.
20 Oct 2009

DAVID JOHN KENNEDY v. KELLY CHENG AND ANOTHER

Citation

DAVID JOHN KENNEDY v. KELLY CHENG AND ANOTHER
Court

Court of Final Appeal
Case number

FACV30/2008

A liquidator may, in performing his functions of investigating and reporting wrongdoing, supply police with transcripts of private examinations under s.221 without first obtaining court leave; alternatively, if leave were required, disclosure without leave only amounts to contempt where it is proved beyond reasonable doubt that the liquidator knew leave was required and intended to circumvent the court; on the facts there was no case to answer.
26 Sept 2008

RE GOODWAY LTD

Citation

RE GOODWAY LTD
Court

Court of First Instance
Case number

HCCW162/1998

The court held that the consideration was paid under a mistake of law as to the assignability of most claims; applying Ex parte James the Official Receiver, as officer of the court, must act impartially and repay the mistaken consideration. The court sanctioned a refund of $349,900 to Yook Tong, ascribed token value $100 to the validly assigned claims, and ordered that the committee vacancy need not be filled; no order as to costs was made.
28 Sept 2000

RE MANAGEMENT RESOURCES INTERNATIONAL, LTD.

Citation

RE MANAGEMENT RESOURCES INTERNATIONAL, LTD.
Court

Court of First Instance
Case number

HCMP2629/2000

Because the company faces a material contingent liability under an assigned English lease which could crystallise through to 2011 and thus undermines any earlier Declaration of Solvency, and because authorities require such contingent liabilities to be admitted to proof and valued before distribution, the court must stay the voluntary winding up proceedings.
10 Jun 1969

RE YICK FAT LAND INVESTMENT CO LTD

Citation

RE YICK FAT LAND INVESTMENT CO LTD
Court

Court of Appeal
Case number

CACV4/1969

The appeal was dismissed because the appellants failed to produce any evidence that the Official Receiver had neglected or improperly performed his duties; the papers did not justify discharging or staying the ex parte order of 5 March 1968 or ordering further enquiries or cross-examination under s.221; the court will assume the liquidator has done his duty absent affirmative contrary evidence and will not intervene in the conduct of the winding-up on speculative grounds.

Hong Kong Case Law

LUEN TAT WATCH BAND MANUFACTURER LTD v. STEPHEN LIU YIU KEUNG DAVID YEN CHING WAI

DAVID JOHN KENNEDY v. KELLY CHENG AND ANOTHER

RE GOODWAY LTD

RE MANAGEMENT RESOURCES INTERNATIONAL, LTD.

RE YICK FAT LAND INVESTMENT CO LTD