Hong Kong Case Law: Decisions & Judgments

Topic

Appointment of replacement liquidators

Legal area

Court

27 Jul 2010

RE WAYGAIN LTD

Citation

RE WAYGAIN LTD
Court

Court of First Instance
Case number

HCCW912/2005

The court found that Mr Nedderman's disappearance from Hong Kong and failure to make arrangements for the continued operation of his practice and for co-liquidators to carry out their duties constituted 'cause shown' under s.196(1); accordingly the liquidators were removed, their fees disallowed because their failure prejudiced creditors, replacement liquidators were appointed, books and documents ordered delivered and costs of $3,085 awarded against Mr Nedderman for each application.
27 Jul 2010

RE DIGITAL NUNET EXCHANGE LTD

Citation

RE DIGITAL NUNET EXCHANGE LTD
Court

Court of First Instance
Case number

HCCW884/2004

Mr Nedderman’s disappearance from Hong Kong and failure to make arrangements to permit his firm to continue the discharge of the liquidation duties constituted good cause under s.196(1) to remove him and his co-liquidator; his fees were disallowed because his failure to carry out his office prejudiced creditors; replacement provisional liquidators/liquidators were appointed and directions given for delivery of books and the filing of disbursements, with costs awarded against Mr Nedderman.
27 Jul 2010

RE KOOLL INTERNATIONAL CONSOLIDATED SERVICES LTD

Citation

RE KOOLL INTERNATIONAL CONSOLIDATED SERVICES LTD
Court

Court of First Instance
Case number

HCCW722/2004

The court exercised its wide statutory discretion under s.196(1) to remove Mr Anthony Nedderman (and where applicable his co-liquidator) because his disappearance from Hong Kong and failure to put in place arrangements to enable the office to function constituted good cause, prejudicing creditors; accordingly his fees were disallowed, delivery of books and filing of a schedule of disbursements were ordered, BDO Limited officers were appointed as replacement provisional liquidators/liquidators, and costs of $3,085 were ordered against him.
27 Jul 2010

RE DIAMOND EARN INVESTMENTS LTD

Citation

RE DIAMOND EARN INVESTMENTS LTD
Court

Court of First Instance
Case number

HCCW877/2004

Given Mr Nedderman’s disappearance from Hong Kong, failure to make arrangements to allow his firm to continue the office and the resulting prejudice to creditors, the court (exercising the wide discretion under s.196(1) of the Companies Ordinance and applying Liote) found cause to remove him and his co-liquidators, disallowed his fees for failing to carry out the office properly, ordered delivery of books and permitted the replacement appointment of BDO nominees and an application for disbursements within specified timeframes; costs ordered against him.
27 Jul 2010

RE WEALTH FORD INVESTMENT LTD

Citation

RE WEALTH FORD INVESTMENT LTD
Court

Court of First Instance
Case number

HCCW352/2004

The court found cause shown under s.196(1) because Mr Nedderman effectively abandoned his office by leaving Hong Kong and failing to make arrangements for continuing administration, thereby prejudicing creditors; accordingly the court removed Mr Nedderman and his co‑liquidators, disallowed his fees, ordered delivery of books and allowed appointment of named BDO appointees with directions on filing disbursements and costs payable by Mr Nedderman.
27 Jul 2010

RE ETC ENVIRONMENTAL TECHNOLOGY LTD

Citation

RE ETC ENVIRONMENTAL TECHNOLOGY LTD
Court

Court of First Instance
Case number

HCCW433/2005

Cause was shown because Mr Nedderman effectively abandoned his office by leaving Hong Kong without continuity arrangements, prejudicing creditor interests; therefore the court removed Mr Nedderman and his co-liquidator, disallowed his fees for failure properly to carry out his office, ordered delivery of books and records, permitted filing of disbursements within set times and appointed BDO nominees as replacement provisional liquidators, and awarded costs of HK$3,085 against Mr Nedderman.
27 Jul 2010

RE GOLDEN NICE INDUSTRIAL LTD

Citation

RE GOLDEN NICE INDUSTRIAL LTD
Court

Court of First Instance
Case number

HCCW410/2005

Mr Nedderman's disappearance from Hong Kong and failure to put in place arrangements to enable continuation of administration constituted sufficient 'cause' under s.196(1) Companies Ordinance to remove him and his co-liquidators; in the circumstances removal and replacement with capable provisional liquidators is necessary to protect creditors' interests and to ensure delivery of books, proper filing of disbursements and administration of the winding-up; his fees were disallowed because his failure to carry out the office properly caused prejudice to creditors.
27 Jul 2010

RE HOSEN INVESTMENT LTD

Citation

RE HOSEN INVESTMENT LTD
Court

Court of First Instance
Case number

HCCW566/2005

The court found cause shown under s.196(1) because Mr Nedderman had effectively abandoned his office by leaving Hong Kong and failing to ensure continuity of administration, thereby prejudicing creditors; accordingly the court removed him and his co-liquidator, disallowed his fees, appointed qualified replacements and made ancillary orders concerning delivery of books, filing of disbursements and costs.
27 Jul 2010

RE STANDARD WELL DEVELOPMENT LTD

Citation

RE STANDARD WELL DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCCW966/2004

Given Mr Nedderman’s disappearance from Hong Kong and failure to make arrangements to continue the operation of his office, the court found that 'cause' was shown under s.196(1) warranting removal to protect the liquidation and creditors; his fees were disallowed because he failed properly to carry out his office and caused prejudice to creditors; replacement provisional liquidators from BDO Limited were appointed and orders for delivery of books, filing of disbursements and payment of costs were made.
27 Jul 2010

RE VICTORY MARK INVESTMENT LTD

Citation

RE VICTORY MARK INVESTMENT LTD
Court

Court of First Instance
Case number

HCCW977/2004

The court found cause shown for removal under s.196(1) because Mr Nedderman's disappearance from Hong Kong and failure to provide for continuity of his office prevented proper administration and prejudiced creditors; accordingly the court removed Mr Nedderman and his co-liquidator where appropriate, disallowed his fees, ordered delivery of books and documents, permitted the filing of a schedule of disbursements within specified time limits, appointed Mr Kong Chi-hau and Mr Lo Siu-kei of BDO Limited as joint and several provisional liquidators or liquidators, and ordered Mr Nedderman to pay co…