Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Assets in liquidation vs trust assets
  • 7 Jun 2006

    RE UDL HOLDINGS LTD AND OTHERS

    Citation
    RE UDL HOLDINGS LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP411/2000

    The court sanctioned the proposed Modifications in relation to the Company and 23 Scheme Participating Subsidiaries because the meetings were properly constituted, creditor approval fairly reflected creditor views, disclosure was not so deficient as to vitiate consent, and the Modifications were a legitimate pragmatic attempt to achieve recovery. However, the court refused to sanction modifications affecting Universal Dockyard Limited because the liquidators had not consented and the court had no jurisdiction to sanction a variation of the scheme as to Dockyard without that consent. The court…

  • 7 Jun 2006

    RE UDL HOLDINGS LTD AND OTHERS

    Citation
    RE UDL HOLDINGS LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP410/2000

    The court sanctioned the proposed Modifications for the Company and 23 of the Scheme Participating Subsidiaries because the meetings were properly constituted, the explanatory statement was sufficiently fair, and the voting result fairly reflected creditors' views; however the court lacked jurisdiction to sanction modifications affecting Universal Dockyard Limited without the liquidators' consent and held that the Disputed Assets (Unencumbered Assets and Accounts Receivable not already transferred) constitute assets of Dockyard for the purpose of its winding up and are not held on trust for s…