Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Hive down

Legal area

Court

1 Mar 2002

RE S. MEGGA TELECOMMUNICATIONS LTD.

Citation

RE S. MEGGA TELECOMMUNICATIONS LTD.
Court

Court of First Instance
Case number

HCMP5550/2001

The judge exercised discretion to permit the Receivers to file evidence in reply and adjourned the S. Megga scheme to allow that evidence to be filed; the judge further adjourned the Wireless Internetworks (Win) scheme because the hive down interdependency created a real risk that successful challenge in S. Megga's liquidation could affect the restructuring, making it inappropriate to hear Win separately.
1 Mar 2002

RE S. MEGGA TELECOMMUNICATIONS LTD.

Citation

RE S. MEGGA TELECOMMUNICATIONS LTD.
Court

Court of First Instance
Case number

HCMP5551/2001

The Receivers are entitled to put in the indicated affidavit in reply concerning employees' preferential entitlements under section 79; because those issues and the potential challenge to the hive down are material to the restructuring, both the S. Megga and the Wireless Internetworks (Win) scheme hearings must be adjourned to enable that evidence to be filed and considered, and to prevent potential prejudice if the hive down is subsequently set aside.