Hong Kong Case Law: Decisions & Judgments

Topic

Official receiver investigations

Legal area

Court

7 Sept 2022

RE OZNER WATER INTERNATIONAL HOLDING LTD (In Liquidation)

Citation

[2022] HKCFI 2875
Court

Court of First Instance
Case number

HCMP733/2022

The court sanctioned the creditors' approved scheme and granted a conditional permanent stay of the winding up because the statutory requirements and equitable considerations were satisfied, no creditor opposed, and the conditions imposed (publication of HKEX resumption notice; filing of Form D1 or D2) adequately protected the Official Receiver's investigatory function; Official Receiver's costs of HK$48,951.50 ordered paid from company assets.
6 May 2002

RE CHAN HO WAI

Citation

RE CHAN HO WAI
Court

Court of First Instance
Case number

HCB12944/2001

On the evidence in the statement of affairs the court was satisfied the debtor could not pay his debts, the opposing creditors produced no detailed evidence of cash receipts or assets, and the Official Receiver's statutory powers to investigate and recover assets will protect unsecured creditors; therefore a bankruptcy order was made.
27 Feb 2002

Re Collections Interior Ltd.

Citation

Re Collections Interior Ltd.
Court

Court of First Instance
Case number

HCCW80/2001

No order was made to convert; the court retained control because Official Receiver investigations were ongoing, fraud and impropriety could not be ruled out, and the public interest and investigatory needs outweighed the creditors' desire to minimise Official Receiver fees; liberty was given to the liquidators to restore the application subject to undertakings.
18 Feb 1986

KAMLA SUJANANI or KAMLA LAVINIA SUJANANI v. MIDDLE EAST FINANCE INTERNATIONAL LIMITED

Citation

KAMLA SUJANANI or KAMLA LAVINIA SUJANANI v. MIDDLE EAST FINANCE INTERNATIONAL LIMITED
Court

Court of Appeal
Case number

CACV157/1985

Where the trial judge was not and could not be satisfied that assets would yield a 15% dividend, the residual discretion to make a receiving order cannot be exercised on speculative or remote possibilities of recovery; accordingly the receiving order was wrongful and must be discharged.
13 Jan 1984

RE NG KONG CHAU

Citation

RE NG KONG CHAU
Court

Court of First Instance
Case number

HCB149/1983

Petitioner failed to prove by positive evidence that unsecured creditors would receive a 15% dividend; the debtor was found credible, the Official Receiver was neutral and unlikely to uncover additional assets; therefore, in the exercise of the court's discretion under s.9(3) the petition is dismissed and a receiving order refused.

Hong Kong Case Law

RE OZNER WATER INTERNATIONAL HOLDING LTD (In Liquidation)

RE CHAN HO WAI

Re Collections Interior Ltd.

KAMLA SUJANANI or KAMLA LAVINIA SUJANANI v. MIDDLE EAST FINANCE INTERNATIONAL LIMITED

RE NG KONG CHAU