Hong Kong Case Law: Decisions & Judgments

Topic

Extension of time under s290(1a)

Legal area

Court

7 May 2015

CHINA GUANGZHOU INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO LTD v. OFFICIAL RECEIVER AND ANOTHER

Citation

CHINA GUANGZHOU INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO LTD v. OFFICIAL RECEIVER AND ANOTHER
Court

Court of First Instance
Case number

HCMP907/2015

The court granted an extension under s290(1A) and declared the dissolution void because a material asset (a potential RMB settlement) previously unknown to the liquidators emerged which would enable creditors to be repaid and no prejudice from delay was demonstrated.
24 Sept 2009

DESMOND CHUNG SENG CHIONG v. THE REGISTRAR OF COMPANIES

Citation

DESMOND CHUNG SENG CHIONG v. THE REGISTRAR OF COMPANIES
Court

Court of First Instance
Case number

HCMP1668/2009

The court granted an extension of time under s290(1A) because exceptional circumstances existed (liquidators could not locate directors, had limited records and were unaware of the HK$528,642.15 held in court until 6 July 2009), found no prejudice to parties and that the applicant had locus; accordingly relief under s290(1) was granted, the dissolution declared void ab initio and the company's name restored so the funds can be re-vested and applied for creditors. The court made the orders sought in paragraphs 1–7 and 9 of the draft order.
14 Sept 2006

CHAN SHU NAM v. THE REGISTRAR OF COMPANIES

Citation

CHAN SHU NAM v. THE REGISTRAR OF COMPANIES
Court

Court of First Instance
Case number

HCMP2801/2005

The court exercised its discretion under section 290(1A) to extend time because the discovery of an overlooked asset combined with the applicant's mistaken belief and consequent delay constituted exceptional circumstances, there would be no prejudice to others, and the Official Receiver and Registrar raised no substantive objection; accordingly the dissolution was declared void and ancillary orders were made including appointment of a liquidator.

Hong Kong Case Law

CHINA GUANGZHOU INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO LTD v. OFFICIAL RECEIVER AND ANOTHER

DESMOND CHUNG SENG CHIONG v. THE REGISTRAR OF COMPANIES

CHAN SHU NAM v. THE REGISTRAR OF COMPANIES