Hong Kong Case Law: Decisions & Judgments

Topic

Directions to receivers

Legal area

Court

16 May 2017

ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE-MATERIAL HOLDING CO LTD

Citation

ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE-MATERIAL HOLDING CO LTD
Court

Court of First Instance
Case number

HCA1987/2005

The application is dismissed for want of jurisdiction: the court will not grant the form of leave sought under Order 30 to make directions affecting non-parties (notably Xie) and the procedures for committal under Order 52 were not followed; accordingly the interlocutory application is refused.
14 Jul 2015

張才奎所託管中國山水投資有限公司股份及另一人 v. 張才奎及另一人

Citation

張才奎所託管中國山水投資有限公司股份及另一人 v. 張才奎及另一人
Court

Court of First Instance
Case number

HCA623/2015

Direction 1 was dismissed because paragraph 18 of the prior 3rd decision already prevents the receivers from altering board composition without seeking court directions; the receivers are independent, the issue was premature as the receivers had not yet decided and may need to investigate and seek directions themselves, and D1's proactive summons was an improper interference that wasted receivers' time and court resources. Costs were ordered against D1 accordingly.
14 Jul 2015

張才奎所託管中國山水投資有限公司股份及另一人 v. 張才奎及另一人

Citation

張才奎所託管中國山水投資有限公司股份及另一人 v. 張才奎及另一人
Court

Court of First Instance
Case number

HCA2191/2014

Dismiss Direction 1 as misconceived and premature: paragraph 18 of the earlier receivership decision already limits receivers from altering board composition without court directions; receivers are independent and must investigate and obtain advice before voting; the 1st defendant cannot pre-empt their duties; application wasted court and receivers' time and costs were ordered against the 1st defendant.
7 Mar 2012

MACAU FIRST UNIVERSAL INTERNATIONAL LTD v. DING XIAOHONG AND OTHERS

Citation

MACAU FIRST UNIVERSAL INTERNATIONAL LTD v. DING XIAOHONG AND OTHERS
Court

Court of First Instance
Case number

HCA992/2010

The court refused to discharge or replace the receivers because allegations of fabrication, bias and most misconduct were not made out and the receivers were largely acting to preserve company assets in the face of active obstruction; the court refused a stay of execution pending appeal because grounds were not strong and undertakings were insufficient; the court ordered fortification of Ding Yu's undertaking in damages of HK$10,000,000 in two tranches; the court granted many of the receivers' directions (subject to deletion of directions to remove the PRC legal representative pending appeal)…

Hong Kong Case Law

ACHIEVE GOAL HOLDINGS LTD v. ZHONG XIN ORE-MATERIAL HOLDING CO LTD

張才奎所託管中國山水投資有限公司股份及另一人 v. 張才奎及另一人

張才奎所託管中國山水投資有限公司股份及另一人 v. 張才奎及另一人

MACAU FIRST UNIVERSAL INTERNATIONAL LTD v. DING XIAOHONG AND OTHERS