Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Waiver of non‑compliance
  • 9 Aug 2007

    RE ADVANCED WIRELESS GROUP LTD

    Citation
    RE ADVANCED WIRELESS GROUP LTD
    Court
    Court of First Instance
    Case number
    HCMP683/2007

    The court sanctioned the scheme because the statutory requirements of section 166 were satisfied: the class of creditors entitled to vote was properly constituted (ACE River did not require a separate class), the limited non‑compliance with service directions was technical and waived as negligible, the explanatory materials adequately disclosed risks, and an overwhelming bona fide majority of creditors had commercially decided the scheme provided a better return than liquidation; accordingly the court exercised its discretion to sanction the scheme.