Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appointment of replacement liquidator

Legal area

Court

27 Jul 2010

RE YUE XIU METALS & MINERALS CO LTD

Citation

RE YUE XIU METALS & MINERALS CO LTD
Court

Court of First Instance
Case number

HCCW444/2005

Given the statutory provision in s.196(1) and relevant authorities, Mr Nedderman's disappearance from Hong Kong and failure to put in place arrangements to allow continuation of the liquidation constituted 'cause shown' to remove him; on that basis the court removed him and his co-liquidators, disallowed his fees for failing to carry out the office and causing prejudice to creditors, appointed BDO nominees as replacement provisional liquidators or liquidators, ordered delivery of books and filing of a schedule of disbursements, and ordered costs of $3,085 per application payable by Mr Nedderm…
27 Mar 2006

RE LIOTE PROPERTY MANAGEMENT LTD

Citation

RE LIOTE PROPERTY MANAGEMENT LTD
Court

Court of First Instance
Case number

HCCW94/2003

Yeung and Lie repeatedly breached contractual obligations and statutory duties (failure to apply for summary procedure orders, failure to file accounts, failure to permit audit, failure to report and respond), offered no satisfactory explanation and did not attend to contest the allegations; those failures constitute cause to remove them under s196(1), and the court therefore removed them and appointed the nominated KPMG partners as provisional liquidators with consequential orders including delivery of books and payment of costs.