Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Court sanction under s.166
  • 25 Mar 2002

    RE WIRELESS INTERNETWORKS LTD.

    Citation
    RE WIRELESS INTERNETWORKS LTD.
    Court
    Court of First Instance
    Case number
    HCMP5550/2001

    The court sanctioned the scheme because the statutory conditions in s.166 were satisfied: a single class of unsecured creditors was properly constituted (Noteholders did not have distinct legal rights giving rise to a separate class), the court's directions were complied with, the required majority in number and value (17 of 19 creditors representing over 97% in value) voted in favour after proper explanation and bona fide, and the scheme was one an intelligent and honest creditor might reasonably approve given otherwise likely zero recovery and investor undertakings to proceed even if hive-d…