Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consent fees

  • 6 Jan 2026

    RE SUNAC CHINA HOLDINGS LTD

    Citation
    [2026] HKCFI 68
    Court
    Court of First Instance
    Case number
    HCMP729/2025

    Applying the statutory tests and established authorities the Court found the Scheme to be for a permissible purpose, the Scheme Creditors were properly classified as a single class, the Convening Order and explanatory statement were sufficient under s.671(3), the required statutory majorities under s.674(1)(b) were achieved, an intelligent and honest creditor could reasonably approve the compromise given materially improved recoveries compared with liquidation, and there was credible expert evidence of a real prospect of effectiveness or recognition in the Mainland; no blot or impediment was…

  • 19 Jan 2022

    RE DA SEN HOLDINGS GROUP LTD

    Citation
    [2022] HKCFI 185
    Court
    Court of First Instance
    Case number
    HCMP1615/2021

    The scheme was sanctioned because (1) it is a bona fide restructuring for a permissible purpose, (2) Scheme Creditors formed a single class with sufficiently similar rights, (3) the meeting was duly convened and met statutory majorities under s674, (4) the explanatory statement complied with s671(3), (5) the consent fee did not fracture the class, and (6) all Scheme Claims are governed by Hong Kong law so the scheme will be effective; accordingly the court exercised its discretion to sanction under s673.