Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Undertaking/trust account
  • 25 Oct 2007

    RE TA THERAPEUTICS LTD

    Citation
    RE TA THERAPEUTICS LTD
    Court
    Court of First Instance
    Case number
    HCMP1418/2007

    The petition is granted because the proposed reduction serves a clear commercial purpose (implementation of the restructuring agreement), the position of creditors is adequately protected by the Company's undertaking to deposit a Trust Amount equal to projected creditor liabilities into a segregated account and by sufficient available cash and assets, and there are special circumstances to dispense with section 59(2), therefore the court properly exercises its discretion to confirm the reduction.