Hong Kong Case Law: Decisions & Judgments

Topic

Retrospective sanction

Legal area

Court

28 Oct 2025

RE GOLDSTONE INVESTMENT GROUP LTD (formerly known as Radford Capital Investment Ltd and Eagle Ride Investment Holdings Ltd)

Citation

[2025] HKCFI 5179
Court

Court of First Instance
Case number

HCCW64/2022

Retrospective sanction granted because the liquidators acted in good faith, made a bona fide commercial decision in the best interests of the company and its stakeholders, had sufficient meritorious advice and creditor consultation, and the inadvertent failure to obtain prior sanction did not justify refusal; costs recovery limited by reasonableness, excluding leading counsel fees.
26 Nov 2021

RE HSIN CHONG CONSTRUCTION CO LTD

Citation

[2021] HKCFI 3577
Court

Court of First Instance
Case number

HCCW239/2018

The court adopted the construction of paragraph 4(f) that requires prior court sanction for substantive proceedings that may expend the company's assets whether commenced within the winding up or as separate proceedings; applying that construction the court granted retrospective sanction for specified proceedings (notably the stay application against Yau Lee, the s286B production application insofar as engagement of advisers was concerned, and leave to obtain advice in relation to arbitrations) but refused retrospective sanction where provisional liquidators had conductively opposed a validat…
12 Sept 2019

RE MOULIN GLOBAL EYECARE TRADING LTD

Citation

[2019] HKCFI 2303
Court

Court of First Instance
Case number

HCCW471/2005

Retrospective sanction was granted because the appointment of DLA Piper Hong Kong was in the best interests of the creditors and the liquidation, the resultant expenditure was necessary and reasonable, the solicitors' fees were subject to taxation and therefore judicial scrutiny, and the Official Receiver did not oppose the application; the successful setting aside of the Order nisi and substantial allowance of costs reinforced that result.
30 Sept 2005

RE BONDFIELD INTERNATIONAL LTD

Citation

RE BONDFIELD INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCCW711/2002

The court refused to dismiss the Official Receiver's summonses; upheld the partial disallowance (paragraph 2B) of liquidators' fees insofar as they represented charges by Nelson Wheeler where company assets existed to pay such fees; declined to grant retrospective sanction for employment of Nelson Wheeler staff because no adequate evidence or timely application was provided; declined to vary the earlier costs order except to remove the certificate for two counsel; ordered that liquidators bear costs of their unsuccessful summons personally and that certain reserved costs follow the event.
23 Feb 2005

RE CURRUTHERS LTD (In Liquidation)

Citation

RE CURRUTHERS LTD (In Liquidation)
Court

Court of First Instance
Case number

HCCW710/2001

The court has jurisdiction under section 200(3) of the Companies Ordinance and under its inherent jurisdiction to grant retrospective sanction for the appointment of solicitors where the appointment was necessary and in the best interests of the company and its creditors; therefore retrospective sanction and orders for payment of solicitors' costs out of company assets were appropriate in the circumstances.
23 Feb 2005

RE CURRUTHERS LTD (In Liquidation)

Citation

RE CURRUTHERS LTD (In Liquidation)
Court

Court of First Instance
Case number

HCCW709/2001

The court has jurisdiction under section 200(3) of the Companies Ordinance and under its inherent jurisdiction to grant retrospective sanction for the appointment of solicitors where it is proper to do so; on the facts (appointments were necessary, produced a substantial recovery and creditors were aware/approved) retrospective sanction was appropriate and the solicitors' costs should be paid out of the companies' assets and the taxation procedure may continue.

Hong Kong Case Law

RE GOLDSTONE INVESTMENT GROUP LTD (formerly known as Radford Capital Investment Ltd and Eagle Ride Investment Holdings Ltd)

RE HSIN CHONG CONSTRUCTION CO LTD

RE MOULIN GLOBAL EYECARE TRADING LTD

RE BONDFIELD INTERNATIONAL LTD

RE CURRUTHERS LTD (In Liquidation)

RE CURRUTHERS LTD (In Liquidation)