Hong Kong Case Law: Decisions & Judgments

Topic

Statutory interpretation of companies ordinance

Legal area

Court

27 Aug 2009

RE LEHMAN BROTHERS FUTURES ASIA LTD

Citation

RE LEHMAN BROTHERS FUTURES ASIA LTD
Court

Court of First Instance
Case number

HCCW452/2008

The remuneration of provisional liquidators appointed under section 193 is to be assessed by the court in exercise of its inherent jurisdiction both before and after the making of a winding up order until a liquidator is appointed by the court; the 2000 amendments and related definition do not displace that position as to s193 appointees; agents' bills of such s193 provisional liquidators are not automatically subject to taxation under the Winding Up Rules unless a challenge is brought; the provisional liquidation period ends when the court appoints a liquidator; the court may appoint an asse…
7 Jul 2006

RE GOLDLORY RESTAURANT LTD

Citation

RE GOLDLORY RESTAURANT LTD
Court

Court of First Instance
Case number

HCCW968/2001

The court holds that s196(2) grants an unfettered discretion to determine the basis of remuneration for liquidators in summary cases under s227F and that rule 146(2) does not impose a default percentage basis; as a matter of practice the time cost basis should be adopted and provided for at the making of a summary procedure order to reflect statutory purpose and practical realities.
23 Sept 1974

RE ARTS KNITTING FACTORY LTD

Citation

RE ARTS KNITTING FACTORY LTD
Court

Court of First Instance
Case number

HCCW13/1972

The payment by the company to obtain release of goods distrained before the winding-up is to be treated as money paid under a charge and therefore, pursuant to s.265(5A) Companies Ordinance and given that preferential creditors had been paid, became a debt due from the company to the landlord; accordingly the Official Receiver's claim to the funds failed and the summons was dismissed.

Hong Kong Case Law

RE LEHMAN BROTHERS FUTURES ASIA LTD

RE GOLDLORY RESTAURANT LTD

RE ARTS KNITTING FACTORY LTD