4 Jul 2022
RE THE JOINT PROVISIONAL LIQUIDATORS OF SEAHAWK CHINA DYNAMIC FUND (in provisional liquidation in the Cayman Islands)
- Citation
- [2022] HKCFI 1994
- Court
- Court of First Instance
- Case number
- HCMP503/2022
Because the appointment concerned a solvent liquidation, the common law principles derived from modified universalism were not engaged; instead principles of private international law govern and permit recognition of the Cayman Court appointment so that the JPLs may act as the company's agents in Hong Kong. COMI considerations relevant to foreign insolvency recognition do not apply to recognition of powers of liquidators of a solvent company. Accordingly the Hong Kong court granted the declaratory and ancillary relief sought confirming the JPLs' Hong Kong powers as set out in the Cayman appoi…