Hong Kong Case Law: Decisions & Judgments

Topic

Recognition of foreign provisional liquidators

Legal area

Court

18 May 2021

RE THE JOINT AND SEVERAL PROVISIONAL LIQUIDATORS OF VICTORY CITY INTERNATIONAL HOLDINGS LTD

Citation

[2021] HKCFI 1370
Court

Court of First Instance
Case number

HCMP611/2021

The Court granted recognition and assistance to the joint and several provisional liquidators appointed in Bermuda because the Bermudian appointment was valid and the applicants were appropriate to be recognised in Hong Kong; notwithstanding concerns about the misuse of soft-touch provisional liquidation, those concerns did not outweigh the basis for recognition but justify heightened judicial scrutiny in future similar cases.
18 Aug 2020

RE THE JOINT AND SEVERAL PROVISIONAL LIQUIDATORS OF AGRITRADE RESOURCES LTD (IN PROVISIONAL LIQUIDATION IN BERMUDA)

Citation

[2020] HKCFI 1967
Court

Court of First Instance
Case number

HCMP925/2020

The Court granted recognition of the Bermuda provisional liquidators but refused to accede to an unexplained departure from the established Hong Kong standard form; the proper course is to grant recognition and assistance in the Hong Kong standard form (subject to justified amendments) to secure consistency, predictability and efficient cross-border restructuring, and the JPLs were therefore to be recognised and to exercise powers in the form developed in Hong Kong.
31 Oct 2017

RE Z-OBEE HOLDINGS LTD

Citation

RE Z-OBEE HOLDINGS LTD
Court

Court of First Instance
Case number

HCMP1563/2017

The Court held that s673(4) does not preclude a petition in these circumstances; the petition by Z‑Obee (acting by its Bermuda‑appointed provisional liquidators whose appointment was recognised) was competent under s673(3), Hong Kong had sufficient connection to the scheme (HK‑governed debts and listing), the statutory meeting and majority requirements were satisfied, and therefore the Court would sanction the scheme.

Hong Kong Case Law

RE THE JOINT AND SEVERAL PROVISIONAL LIQUIDATORS OF VICTORY CITY INTERNATIONAL HOLDINGS LTD

RE THE JOINT AND SEVERAL PROVISIONAL LIQUIDATORS OF AGRITRADE RESOURCES LTD (IN PROVISIONAL LIQUIDATION IN BERMUDA)

RE Z-OBEE HOLDINGS LTD