Hong Kong Case Law: Decisions & Judgments

Topic

Voidance of dissolution

Legal area

Court

19 Nov 2003

THE OFFICIAL RECEIVER v. THE REGISTRAR OF COMPANIES

Citation

THE OFFICIAL RECEIVER v. THE REGISTRAR OF COMPANIES
Court

Court of First Instance
Case number

HCMP4920/2003

Under section 290 the court will declare a dissolution void where the application is made within two years and it is necessary to revive the company to enable proper administration and distribution of assets discovered after dissolution; the Official Receiver as former liquidator has locus and the court will make consequential directions including appointment to continue liquidation.
9 Oct 2003

KO TAK WING v. THE SECRETARY FOR JUSTICE AND ANOTHER

Citation

KO TAK WING v. THE SECRETARY FOR JUSTICE AND ANOTHER
Court

Court of First Instance
Case number

HCMP4053/2003

Because the relevant property remained unknown to the liquidator and directors until after the statutory two‑year period and there were genuine difficulties in ascertaining shareholders' wishes, the court found exceptional circumstances to justify extending the two‑year period under s.290(1) and accordingly extended the period and declared the dissolution void to permit the company to realize the property for the benefit of its members.
3 Apr 2003

CHAN WAI HEI AND OR WAI LIN WINNIE v. THE REGISTRAR OF COMPANIES

Citation

CHAN WAI HEI AND OR WAI LIN WINNIE v. THE REGISTRAR OF COMPANIES
Court

Court of First Instance
Case number

HCMP1114/2003

Because there was a real possibility that assets (toilets and a narrow strip of land) remained vested in the dissolved company due to a defect in the assignment, and the Registrar did not oppose relief, the court declared the dissolution void under s.290(1) and appointed the applicants as joint and several liquidators to enable rectification and ancillary compliance (publication, registration, filing) and awarded costs to the Registrar.
26 Apr 2002

YU YU KIN AND THOMAS CHENG v. THE REGISTRAR OF COMPANIES

Citation

YU YU KIN AND THOMAS CHENG v. THE REGISTRAR OF COMPANIES
Court

Court of First Instance
Case number

HCMP1560/2002

The court exercised its discretion to allow the former liquidators liberty to apply out of time and declared the dissolution void insofar as the evidence established that the developer had reserved the bottom half of the original shop no.5 (507A); the court declined to decide whether the part designated as 'management office' in the 1977 plan was also reserved, leaving that question for the co-owners and the company.

Hong Kong Case Law

THE OFFICIAL RECEIVER v. THE REGISTRAR OF COMPANIES

KO TAK WING v. THE SECRETARY FOR JUSTICE AND ANOTHER

CHAN WAI HEI AND OR WAI LIN WINNIE v. THE REGISTRAR OF COMPANIES

YU YU KIN AND THOMAS CHENG v. THE REGISTRAR OF COMPANIES