Hong Kong Case Law: Decisions & Judgments

Topic

Maxwell principles

Legal area

Court

11 Mar 2026

RE NIMBLE HOLDINGS CO LTD formerly known as THE GRANDE HOLDINGS LTD

Citation

[2026] HKCFI 1445
Court

Court of First Instance
Case number

HCCW177/2011

The appeal is allowed: provisional liquidators are not entitled to be remunerated from the estate for time spent solely preparing or pursuing their own remuneration application (including complying with discovery orders) unless they demonstrate that the work was of real value to the estate; costs awarded under Order 62 are distinct from remuneration and cannot be used to justify payment of the PLs' own time costs from the estate; Master Hui erred in treating Bill #14 as payable remuneration.
24 Jan 2018

RE THE GRANDE HOLDINGS LTD

Citation

[2018] HKCFI 507
Court

Court of First Instance
Case number

HCCW177/2011

The appeal was dismissed. The Court held that provisional liquidators, as fiduciaries seeking payment from beneficiaries or parties liable to pay, must justify their claims and may be required to produce contemporaneous documents and supporting material for effective inter partes taxation; the Procedural Guide is flexible and does not preclude production; given the very high level of fees and the adversarial inter partes taxation, the discovery order was proportionate and not oppressive.
27 Aug 2009

RE LEHMAN BROTHERS FUTURES ASIA LTD

Citation

RE LEHMAN BROTHERS FUTURES ASIA LTD
Court

Court of First Instance
Case number

HCCW452/2008

The remuneration of provisional liquidators appointed under section 193 is to be assessed by the court in exercise of its inherent jurisdiction both before and after the making of a winding up order until a liquidator is appointed by the court; the 2000 amendments and related definition do not displace that position as to s193 appointees; agents' bills of such s193 provisional liquidators are not automatically subject to taxation under the Winding Up Rules unless a challenge is brought; the provisional liquidation period ends when the court appoints a liquidator; the court may appoint an asse…
27 Aug 2009

RE LEHMAN BROTHERS ASIA HOLDING LTD

Citation

RE LEHMAN BROTHERS ASIA HOLDING LTD
Court

Court of First Instance
Case number

HCCW443/2008

The court held that remuneration of provisional liquidators appointed under section 193 and continuing in office after a winding up order under section 194(1)(aa) is to be assessed by the court under its inherent jurisdiction; the Maxwell Principles apply; bills of agents employed by such provisional liquidators are not automatically subject to taxation under the Winding Up Rules absent the limited class of provisional liquidators contemplated by the 2000 amendments or a subsequent challenge on passing of accounts; the provisional liquidation period ends when the court appoints a liquidator;…
27 Aug 2009

RE LEHMAN BROTHERS SECURITIES ASIA LTD

Citation

RE LEHMAN BROTHERS SECURITIES ASIA LTD
Court

Court of First Instance
Case number

HCCW437/2008

The court held that provisional liquidators appointed under section 193 and who continued in office after a winding up order under section 194(1)(aa) have their remuneration assessed by the court in the exercise of its inherent jurisdiction; assessment is governed by the Maxwell Principles; agents' fees employed by provisional liquidators do not require mandatory taxation under the Winding Up Rules absent statutory applicability or subsequent challenge when accounts are passed; the period of provisional liquidation ends only when the court appoints liquidators following meetings; the judge wi…
27 Aug 2009

RE LEHMAN BROTHERS FUTURES ASIA LTD

Citation

RE LEHMAN BROTHERS FUTURES ASIA LTD
Court

Court of First Instance
Case number

HCCW464/2008

The court held that provisional liquidators appointed under s.193 and continuing in office under s.194(1)(aa) have their remuneration assessed by the court under its inherent jurisdiction (Maxwell Principles apply); the 2000 amendments and related definition do not convert s.193 provisional liquidators into statutory liquidators for the purpose of s.196(2) or automatically subject their agents' bills to taxation; provisional liquidation ends when the court appoints liquidators following meetings; the judge may appoint an assessor under s.53 to assist, and the assessor was appointed to conside…

Hong Kong Case Law

RE NIMBLE HOLDINGS CO LTD formerly known as THE GRANDE HOLDINGS LTD

RE THE GRANDE HOLDINGS LTD

RE LEHMAN BROTHERS FUTURES ASIA LTD

RE LEHMAN BROTHERS ASIA HOLDING LTD

RE LEHMAN BROTHERS SECURITIES ASIA LTD

RE LEHMAN BROTHERS FUTURES ASIA LTD