Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Restructuring and novation
  • 29 Apr 2016

    YIDONG (HK) LTD v. CHAN KING MAN AND ANOTHER

    Citation
    YIDONG (HK) LTD v. CHAN KING MAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCCW425/2012

    The court granted the stay because the applicant satisfied the burden under s209(1): creditors had been paid or debts novated, the restructuring would return the company to solvency, liquidation expenses were provided for, the liquidators and Official Receiver raised no objection, the stay served a sensible and discernible commercial purpose and benefited creditors and shareholders without offending public interest or commercial morality.