Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Voting and valuation of contingent claims
  • 7 Dec 2000

    Re UDL Employment Services Ltd.

    Citation
    Re UDL Employment Services Ltd.
    Court
    Court of Appeal
    Case number
    CACV260/2000

    The Court of Appeal held that the Companies Judge rightly exercised her discretion: the preferential creditors and internal creditors did not possess legal rights so dissimilar from other unsecured creditors as to require separate class meetings; treating contingent/unproved claims (Nishimatsu) as nil for voting was a bona fide and equitable approach when valuation was impracticable and the scheme contained safeguards; statutory requirements of s.166 were satisfied and the court had jurisdiction to sanction the schemes which provided a fair recognition of rights and interests of all creditors.