Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory interest under s264a
  • 18 Nov 2020

    RE GW ELECTRONICS CO LTD

    Citation
    [2020] HKCFI 2936
    Court
    Court of First Instance
    Case number
    HCCW81/2016

    The Court granted a permanent stay because the Company is solvent on the evidence: assets exceed liabilities leaving a surplus; statutory interest under section 264A is payable only out of any surplus remaining after payment of proved debts and only to the extent of that surplus; the Petitioner would not be prejudiced because the Applicant undertook to ensure the surplus (and an immediate payment) would be paid to the Petitioner and the Official Receiver was neutral; therefore a permanent stay with conditions was appropriate.