Hong Kong Case Law: Decisions & Judgments

Topic

Liquidator's powers

Legal area

Court

21 Nov 2022

THE JOINT AND SEVERAL LIQUIDATORS OF JOY RICH DEVELOPMENT LTD v. CHEN MUHUA (also known as WINKY CHAN) AND ANOTHER

Citation

[2022] HKCFI 3489
Court

Court of First Instance
Case number

HCCW146/2013

The attempted set-aside of DHCJ Yee's order regulated the conduct of the liquidation and did not determine a substantive right, so leave to appeal was required; however leave was granted because the proposed appeal had sufficient merit (including the Liquidators' right to appeal the proofs of debt and the potential for a material change of circumstances), and therefore the Court granted leave to appeal and ordered the costs of the leave application to be costs in the appeal (order nisi).
15 Mar 2010

ZHANG QIYUN v. SHUN SHING CONSTRUCTION & ENGINEERING CO LTD

Citation

ZHANG QIYUN v. SHUN SHING CONSTRUCTION & ENGINEERING CO LTD
Court

Court of First Instance
Case number

HCA1155/2007

Clause 14 of the Project Management Agreement prohibiting assignment without written consent precluded the purported assignment to Mr Zhang; the consent of the defendant was not obtained; the assignment was therefore ineffective at law, Mr Zhang had no locus standi to continue the proceedings, and the action was struck out. The court also held that if the assignment had been effective the assignee would have been bound by the arbitration clause and the proceedings would have been stayed and referred to arbitration.
17 Jul 2007

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD v. [respondent]

Citation

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD v. [respondent]
Court

Court of First Instance
Case number

HCCW49/2000

The judge held that, balancing the examinee's right to legal advice against the need to maintain the integrity and confidentiality of the s.221 examination, directions prohibiting the examinee and his legal advisers from conferring about the contents of documents supplied by the liquidators (except with leave of the court or written consent of the liquidators) were appropriate; documents are to be provided seven days in advance solely to refresh memory and are not to be copied and must be returned after the examination; liberty to apply to vary or lift restrictions.
20 Apr 2007

RE MONDIAL ATELIER GARMENT (HONG KONG) LTD

Citation

RE MONDIAL ATELIER GARMENT (HONG KONG) LTD
Court

Court of First Instance
Case number

HCCW374/1999

Given the services benefitted the creditors and liquidations, absence of evidence of misconduct, the availability of taxation to scrutinise fees and the disproportionate cost of case-by-case inquiry into delegation, the court exercised its discretion under section 200(3) to retrospectively authorise the Panel B appointments and permit payment of agents' fees from company assets subject to taxation.
16 Feb 2007

RE KANSA GENERAL INTERNATIONAL INSURANCE CO LTD, HONG KONG BRANCH

Citation

RE KANSA GENERAL INTERNATIONAL INSURANCE CO LTD, HONG KONG BRANCH
Court

Court of First Instance
Case number

HCCW308/1995

The court has jurisdiction under the Companies Ordinance (notably s 206(2), s 200(3) and s 287) to reconstitute a committee of inspection to give effect to creditors' determinations; clause 7.1.1 of the Scheme, when construed commercially and in light of market precedents and apparent drafting error, must be read as providing three alternative modes of termination (the liquidator with agreement of the committee may terminate as a standalone option), and accordingly the court ordered reconstitution of the committee and directed expedited taxation so termination and final distribution may proce…
27 Sept 2001

Re Rhine Jewellery Ltd. (In Liquidation)

Citation

Re Rhine Jewellery Ltd. (In Liquidation)
Court

Court of First Instance
Case number

HCCW511/1998

The court granted sanction because the company was an unsecured creditor at the bottom of the priority hierarchy, IWI was shown to be in poor financial health and subject to a perfected security interest in favour of BACC making full recovery unlikely, so accepting US$70,000 as a compromise was a commercially reasonable exercise of the court's sanctioning power.

Hong Kong Case Law

THE JOINT AND SEVERAL LIQUIDATORS OF JOY RICH DEVELOPMENT LTD v. CHEN MUHUA (also known as WINKY CHAN) AND ANOTHER

ZHANG QIYUN v. SHUN SHING CONSTRUCTION & ENGINEERING CO LTD

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD v. [respondent]

RE MONDIAL ATELIER GARMENT (HONG KONG) LTD

RE KANSA GENERAL INTERNATIONAL INSURANCE CO LTD, HONG KONG BRANCH

Re Rhine Jewellery Ltd. (In Liquidation)