Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Validation/sanction of sale of company assets
  • 29 Mar 2007

    YUENG MAN LOONG MAXLY AND ANOTHER v. TSANG SAU HING BEATRICE AND OTHERS

    Citation
    YUENG MAN LOONG MAXLY AND ANOTHER v. TSANG SAU HING BEATRICE AND OTHERS
    Court
    Court of First Instance
    Case number
    HCCW130/2007

    The application for inspection as framed under section 121 was legally defective because the documents sought were records of a joint venture/subsidiary rather than the Hong Kong company's own books; however, the company may have discovery obligations in the winding-up proceedings and the correct procedural route is to proceed under RHC Order 24. Accordingly the summons was allowed to be amended and the provisional liquidators were ordered to file an affidavit within 14 days identifying documents in the Company's possession, custody or control. The provisional liquidators' application for val…

    • Inspection of company books and records
    • Discovery in winding-up proceedings
    • Powers and duties of provisional liquidators
    • Validation/sanction of sale of company assets
    • Costs in insolvency proceedings