Hong Kong Case Law: Decisions & Judgments

Topic

Committee of inspection powers

Legal area

Court

23 Nov 2004

RE THE EXPRESS BUILDERS CO LTD (the Company)

Citation

RE THE EXPRESS BUILDERS CO LTD (the Company)
Court

Court of First Instance
Case number

HCCW409/2003

Where the court's taxation process of provisional liquidators' fees was put in train before a s209A(1) conversion order, the court has jurisdiction to complete that assessment rather than permitting withdrawal and deferring assessment to the committee of inspection; s209A/209B are primarily deeming and priority provisions and do not automatically shift assessment of pre-conversion provisional liquidators' fees to the committee; accordingly the court ordered the fee notes to remain in the taxation process and proceeded to finalize assessment if no adequate response received, and awarded costs…
27 May 1999

RE PEREGRINE INVESTMENTS HOLDINGS LTD.

Citation

RE PEREGRINE INVESTMENTS HOLDINGS LTD.
Court

Court of First Instance
Case number

HCCW22/1998

The court held that provisional liquidators appointed under section 193 who continue in office after a winding up order remain subject to the court's control for remuneration for the entirety of their term and that the committee of inspection has no authority under section 196(2) to determine their remuneration for the post‑Order period; consequently payments released pursuant to the Official Receiver's Circular and taxations procured under a mistaken view of the law are voidable and are set aside.
27 May 1999

RE PEREGRINE INVESTMENTS HOLDINGS LTD.

Citation

RE PEREGRINE INVESTMENTS HOLDINGS LTD.
Court

Court of First Instance
Case number

HCCW20/1998

The court held that provisional liquidators appointed under section 193 continue in office after the winding up order and that their remuneration for the entire term (pre and post order) is determined by the court under its inherent jurisdiction; the Official Receiver's Circulars purporting to render such payments final are ultra vires and taxations/payments made pursuant to them (and by mistaken belief of committee power) are voidable and are to be set aside.

Hong Kong Case Law

RE THE EXPRESS BUILDERS CO LTD (the Company)

RE PEREGRINE INVESTMENTS HOLDINGS LTD.

RE PEREGRINE INVESTMENTS HOLDINGS LTD.