Hong Kong Case Law: Decisions & Judgments

Topic

Appointment and removal of liquidators

Legal area

Court

20 Nov 2018

HU HUNG CHIU v. PACIFIC ELECTRIC WIRE & CABLE CO LTD AND OTHERS

Citation

[2018] HKCFI 2547
Court

Court of First Instance
Case number

HCMP1944/2017

The Court refused the stay application as premature because the present proceedings to revive CPE and appoint new liquidators are not the same or substantially the same subject matter as the earlier HCCL proceedings and therefore do not amount to needless procedural duplication or an immediate abuse; the Court granted the security for costs application in part and ordered the applicant to provide security of HK$2,000,000, staying further proceedings against the 1st Respondent until that security is paid; the application for security in the larger sum was reduced and the part of the security c…
6 Jun 2018

STEPHEN LIU YIU KEUNG v. REGISTRAR OF COMPANIES AND ANOTHER

Citation

[2018] HKCFI 1220
Court

Court of First Instance
Case number

HCMP2758/2017

Extension of time under s290(1A) and a declaration that the dissolution was void were granted because the applicant produced sufficient prima facie evidence of a potentially realisable asset (an interest in Shenzhen land) which could materially benefit creditors and justify revival; the applicant had locus as a former liquidator; the court granted revival subject to ordering replacement of the applicant as liquidator and making specific ancillary orders to ensure implementation.
21 Aug 2012

MAX REGENT GARMENTS CO LTD v. DIRECT FASHION SOURCING LTD (in liquidation)

Citation

MAX REGENT GARMENTS CO LTD v. DIRECT FASHION SOURCING LTD (in liquidation)
Court

Court of First Instance
Case number

HCMP568/2012

Procedural defects identified were either not established or not sufficiently prejudicial to invalidate the creditors' meeting or the resolutions; distribution of the statement of affairs before voting and disclosure of the four largest creditors meant the meeting could perform its functions; there was no basis to remove the liquidators; appointment of the applicant to the committee of inspection was appropriate; costs awarded to the company on party and party basis.
21 May 2004

HO FUNG YUEN AND ANOTHER v. LUI WAN HO AND ANOTHER

Citation

HO FUNG YUEN AND ANOTHER v. LUI WAN HO AND ANOTHER
Court

Court of First Instance
Case number

HCMP1055/2004

The court exercised its discretion under the Companies Ordinance to defer dissolution and remove the incumbent liquidators because there was a credible possibility the company had grounds to defend the mortgage action, the proposed liquidator agreed to act and accept the consequences, and the applicants undertook to bear the legal costs and disbursements, addressing the primary concern that the company had no funds to meet costs.
25 Jul 2003

RE GREAT WALL CYBERTECH LTD

Citation

RE GREAT WALL CYBERTECH LTD
Court

Court of First Instance
Case number

HCCW341/2003

Affirmed the provisional liquidators' appointment because no actual or material present conflict existed, the alleged conflict was speculative and contingent on DTT France joining a profit‑sharing scheme, and the undertaking by the provisional liquidators to apply for directions if that contingency occurred was an adequate safeguard against any future conflict.
9 Apr 2002

Re Hung Fung Holdings Ltd

Citation

Re Hung Fung Holdings Ltd
Court

Court of First Instance
Case number

HCCW445/2000

The court exercised its discretion and refused the interim stay because the applicant's sole ground (a pending Rule 128 appeal) was insufficient when weighed against four dispositive factors: the validity of the winding up order, no credible challenge to the liquidators' integrity or fitness, the fact a successful appeal would not necessarily displace the existing liquidators, and the Liquidators' report indicating potential disposal of company assets; accordingly the summons was dismissed.

Hong Kong Case Law

HU HUNG CHIU v. PACIFIC ELECTRIC WIRE & CABLE CO LTD AND OTHERS

STEPHEN LIU YIU KEUNG v. REGISTRAR OF COMPANIES AND ANOTHER

MAX REGENT GARMENTS CO LTD v. DIRECT FASHION SOURCING LTD (in liquidation)

HO FUNG YUEN AND ANOTHER v. LUI WAN HO AND ANOTHER

RE GREAT WALL CYBERTECH LTD

Re Hung Fung Holdings Ltd