Hong Kong Case Law: Decisions & Judgments

Topic

Section 209a companies ordinance

Legal area

Court

21 May 2009

RE GLORY RISE LTD (IN LIQUIDATION)

Citation

RE GLORY RISE LTD (IN LIQUIDATION)
Court

Court of First Instance
Case number

HCCW568/2002

The court granted the s209A order because the creditors' resolution was validly passed with the required quorum, the liquidators filed evidence satisfying the matters in s209A(2), the conversion would increase the dividend to creditors and avoid fees thereby maximising assets for creditors, and the delay in bringing the application was explained with no material change in position.
15 Dec 2004

RE DAILY WIN ENGINEERING LTD

Citation

RE DAILY WIN ENGINEERING LTD
Court

Court of First Instance
Case number

HCCW344/2004

The court granted the liquidators' application to convert the compulsory winding up to a creditors' voluntary winding up because the liquidators satisfied the requirements of section 209A(2) — no matters of public concern requiring investigation were identified and the Official Receiver did not oppose; accordingly conversion was ordered and the costs of the application were declared liquidation expenses.
21 Mar 2002

Re Geter Industrial Ltd. (In Compulsory Liquidation)

Citation

Re Geter Industrial Ltd. (In Compulsory Liquidation)
Court

Court of First Instance
Case number

HCCW802/2000

The court ordered conversion under s.209A because the application was made within the statutory period, the creditor shortfall had been cured by repayments and there was no ongoing concern about mismanagement or the worth of directors, and because the Official Receiver had not been the liquidator during the administration so the legislative concern about last‑minute preemption did not arise; the court declined to order continuation of the existing liquidators or fix remuneration because those matters properly fall to creditors in a creditors' voluntary winding-up.

Hong Kong Case Law

RE GLORY RISE LTD (IN LIQUIDATION)

RE DAILY WIN ENGINEERING LTD

Re Geter Industrial Ltd. (In Compulsory Liquidation)