Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Court discretion to grant stay
  • 18 Sept 2002

    Re Eureca Corporation Ltd.

    Citation
    Re Eureca Corporation Ltd.
    Court
    Court of First Instance
    Case number
    HCCW1341/2001

    The court refused the stay because the Official Receiver's report and evidence indicated the company was apparently insolvent, there was no real prospect that the HCMP would result in a buy‑out order (the only realistic remedy if the applicants succeed being winding up), the applicants failed to discharge the heavy burden to show a stay was right and they offered no proposal to address undisputed indebtedness; accordingly granting a stay would be inappropriate and prejudicial to creditors.