18 Sept 2020
JOINT AND SEVERAL PROVISIONAL LIQUIDATORS OF HSIN CHONG CONSTRUCTION CO LTD (PROVISIONAL LIQUIDATORS APPOINTED) v. THE CHINESE UNIVERSITY OF HONG KONG AND OTHERS
- Citation
- [2020] HKCFI 2434
- Court
- Court of First Instance
- Case number
- HCCW239/2018
The summons was dismissed because the PLs had no justification to seek directions under section 200(3): the application sought to outsource a commercial decision the PLs had already taken; there was no genuine dispute or creditor challenge requiring court determination; the PLs lacked prior court sanction to commence the proceedings while provisional liquidators; and the factual/legal issues identified did not support the necessity of the application. Costs were ordered against the PLs and the court invited submissions on depriving the PLs' rights to remuneration and cost recovery.