Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Quistclose and resulting trusts
  • 7 Jun 2006

    RE UDL HOLDINGS LTD AND OTHERS

    Citation
    RE UDL HOLDINGS LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP427/2000

    The court sanctioned the proposed Modifications for the Company and 23 subsidiaries because the meetings were properly constituted, the result fairly reflected creditor views and disclosure was not so deficient as to vitiate consent; however, the court held it lacked jurisdiction to sanction modifications to Dockyard's scheme without the liquidators' consent and ruled that the Disputed Assets (Unencumbered Assets and Accounts Receivable that had not been transferred or realised into the scheme account) are assets of Dockyard in the winding up and are not subject to the Scheme's trust.