23 Jul 2021
RE LEHMAN BROTHERS ASIA HOLDINGS LTD (in liquidation)
- Citation
- [2021] HKCFI 2137
- Court
- Court of First Instance
- Case number
- HCCW443/2008
The court held that an additional payment proposed by the sole creditor can, in principle, be treated as remuneration and approved by the court; the Maxwell assessment principles do not rigidly apply where the payment is a creditor‑driven bonus and a further taxation would be meaningless; however the court must scrutinise the genuineness of creditor agreement and require evidence on how the bonus will be distributed before granting sanction.