9 Apr 2014
RE CHINA MEDICAL TECHNOLOGIES, INC.
- Citation
- RE CHINA MEDICAL TECHNOLOGIES, INC.
- Court
- Court of First Instance
- Case number
- HCCW435/2012
The court held that the three core requirements operate as guidance in the exercise of discretion (they do not negate jurisdiction once a s327 ground exists), affirmed a distinct third requirement — that there be persons with a sufficient connection to the forum and a material economic interest in the liquidation (not satisfied simply by presenting a petition) — and concluded the third requirement was not met on the facts; Hong Kong connections were peripheral and local creditor interest trivial, so the petition was dismissed and the appointment of provisional liquidators set aside.