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Hong Kong Case Law

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Company law [2022] HKCFI 218

SHEARMAN & STERLING (a firm) AND OTHERS v. ASIA-PAC INFRASTRUCTURE DEVELOPMENT LIMITED (in creditor’s voluntary liquidation) AND OTHERS

The Court of First Instance dismissed Shearman & Sterling’s summons to remove two liquidators, holding the plaintiffs lacked sufficient standing to seek that relief.

  • Removal of liquidator
  • Standing/locus standi
  • Creditors' rights
  • Fiduciary duties and conflicts of interest
  • Voluntary liquidation
  • Costs orders
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Company law [2021] HKCA 577

ALLIED EVER HOLDINGS LTD v. LI SHU CHUNG AND OTHERS

The Court of Appeal upheld the removal of Luen Tat’s liquidators, finding their conduct gave rise to a real and reasonable perception of bias and loss of confidence.

  • Removal of liquidator
  • Bias and impartiality
  • Winding up
  • Proofs of debt
  • Production orders
  • Jurisdiction to remove court officers
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Company law [2020] HKCFI 287

RE HONG KONG PAK TAT TRADING CO (In compulsory liquidation) (the “Company”)

The court granted a conditional stay of Pak Tat’s winding-up, refused to make the SPA invalid in liquidation proceedings, and adjourned the misfeasance summons.

  • Stay of winding-up
  • Removal of liquidator
  • Misfeasance by liquidator
  • Liquidators' remuneration and taxation
  • Sale of assets by liquidator
  • Proofs of debt
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Company law [2018] HKCFI 2371

RE SUNNI INTERNATIONAL LTD (In Liquidation)

法院駁回股東要求撤換清盤人申請,認為未能證明偏頗或失當;亦考慮清盤資金主要由債權人支持,撤換會增加成本及延誤。

  • Removal of liquidator
  • Fiduciary duties of liquidator
  • Contributory and creditor rights
  • Disclosure/inspection of liquidation records
  • Committee of inspection
  • Removal-of-liquidator
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Company law RE MAINKEY DEVELOPMENT LTD TRADING UNDER THE NAME OF MAN SANG TRADING CO (IN COMPULSORY LIQUIDATION)

RE MAINKEY DEVELOPMENT LTD TRADING UNDER THE NAME OF MAN SANG TRADING CO (IN COMPULSORY LIQUIDATION)

The court dismissed a creditor’s summons to remove the Official Receiver as liquidator, holding that the applicant had not shown good cause and that the liquidator had acted reasonably.

  • Removal of liquidator
  • Preservation and recovery of company assets
  • Creditors' rights
  • Judicial discretion
  • Evidence and cooperation
  • Removal-of-liquidator
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Company law CHEN YUNG NGAI KENNETH v. SHINEWING SPECIALIST ADVISORY SERVICES LTD

CHEN YUNG NGAI KENNETH v. SHINEWING SPECIALIST ADVISORY SERVICES LTD

Costs decision in related insolvency applications over a liquidator’s removal, production of records, and a slip-rule amendment. The court ordered indemnity and party-and-party costs.

  • Removal of liquidator
  • Production of books and records
  • Costs: indemnity vs party-and-party
  • Taxation of bills
  • Slip rule amendment
  • Liquidator-removal
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Companies law CHEN YUNG NGAI KENNETH v. TANG CHUNG WAH ALAN

CHEN YUNG NGAI KENNETH v. TANG CHUNG WAH ALAN

The court decided costs in two related insolvency applications involving removal of a joint liquidator, production of records, and amendment of a consent order.

  • Removal of liquidator
  • Production of books and records
  • Costs orders (indemnity vs party and party)
  • Taxation of costs
  • Slip rule amendment
  • Removal-of-liquidator
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Companies law SHINEWING SPECIALIST ADVISORY SERVICES LTD v. CHEN YUNG NGAI KENNETH (as the Liquidator of Senrich Industries Limited (in Creditors’ Voluntary Liquidation))

SHINEWING SPECIALIST ADVISORY SERVICES LTD v. CHEN YUNG NGAI KENNETH (as the Liquidator of Senrich Industries Limited (in Creditors’ Voluntary Liquidation))

Court ordered interim payments pending taxation of outstanding liquidation bills and held no inflexible bank-guarantee requirement barred such relief.

  • Interim payment pending taxation
  • Liquidator remuneration
  • Taxation of bills
  • Provision of books and records
  • Removal of liquidator
  • Interim-payment
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Company law RE SUMORE CORPORATION LTD

RE SUMORE CORPORATION LTD

The court dismissed an application to remove joint liquidators and to reinstate two creditors to the committee of inspection, finding no sufficient cause or reasonable loss of confidence.

  • Removal of liquidator
  • Committee of inspection
  • Creditors' meeting and voting
  • Validation order under companies ordinance
  • Conflict of interest
  • Removal-of-liquidator
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Company law RE REGALTRONIC LTD

RE REGALTRONIC LTD

The court removed the existing liquidators of Regaltronic Limited for statutory breaches, ordered interest on retained funds, and required solicitors’ fees to be returned for taxation.

  • Removal of liquidator
  • Statutory duties of liquidators
  • Payment into companies liquidation account
  • Interest penalty for retention of funds
  • Taxation of solicitors' fees
  • Liquidators' remuneration and costs
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About this LexChat collection

Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.