Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Official receiver circulars

Legal area

Court

27 May 1999

RE PEREGRINE INVESTMENTS HOLDINGS LTD.

Citation

RE PEREGRINE INVESTMENTS HOLDINGS LTD.
Court

Court of First Instance
Case number

HCCW32/1998

The remuneration of provisional liquidators (other than the Official Receiver) for the entirety of their term of office, including the period after a winding up order, is a matter for the court to determine under its inherent jurisdiction; the Official Receiver's Office Circulars purporting to make payments final are ultra vires and payments and taxations effected pursuant to them in these cases are voidable and are set aside; no further interim payments to the provisional liquidators are ordered.
27 May 1999

RE PEREGRINE INVESTMENTS HOLDINGS LTD.

Citation

RE PEREGRINE INVESTMENTS HOLDINGS LTD.
Court

Court of First Instance
Case number

HCCW20/1998

The court held that provisional liquidators appointed under section 193 continue in office after the winding up order and that their remuneration for the entire term (pre and post order) is determined by the court under its inherent jurisdiction; the Official Receiver's Circulars purporting to render such payments final are ultra vires and taxations/payments made pursuant to them (and by mistaken belief of committee power) are voidable and are to be set aside.