3 Sept 2019
CHAR ON MAN AND ANOTHER v. PEKING FUR FACTORY (HONG KONG) LTD AND OTHERS
- Citation
- [2019] HKCFI 2141
- Court
- Court of First Instance
- Case number
- HCMP768/2018
Section 228A was wrongly invoked because it is only available where it is not reasonably practicable to wind up under another section; here the two members controlling all voting shares could and should have used the written special resolution procedure (under ss548-549 and s564 of Cap 622 and s228(1)(b) of Cap 32) to wind up the company, therefore the board resolution of 11 May 2018 and the consequent appointment of provisional liquidators were invalid and the liquidation is stayed.