Hong Kong Case Law: Decisions & Judgments

Topic

Disallowance of fees

Legal area

Court

27 Jul 2010

RE JOINTEK CONSULTANTS LTD

Citation

RE JOINTEK CONSULTANTS LTD
Court

Court of First Instance
Case number

HCCW1131/2004

Cause was shown under s.196(1) because Mr Nedderman had effectively abandoned his office by leaving Hong Kong and failing to make arrangements for continuation, causing prejudice to creditors; accordingly the court removed him and his co-liquidator, disallowed his fees, appointed replacement provisional liquidators (BDO representatives), ordered delivery of books and filing of disbursements, and awarded costs of $3,085 per application to the Official Receiver.
27 Jul 2010

RE WAYGAIN LTD

Citation

RE WAYGAIN LTD
Court

Court of First Instance
Case number

HCCW912/2005

The court found that Mr Nedderman's disappearance from Hong Kong and failure to make arrangements for the continued operation of his practice and for co-liquidators to carry out their duties constituted 'cause shown' under s.196(1); accordingly the liquidators were removed, their fees disallowed because their failure prejudiced creditors, replacement liquidators were appointed, books and documents ordered delivered and costs of $3,085 awarded against Mr Nedderman for each application.
27 Jul 2010

RE SUN TUNG LOK CATERERS (MANAGEMENT & CONSULTANT) LTD

Citation

RE SUN TUNG LOK CATERERS (MANAGEMENT & CONSULTANT) LTD
Court

Court of First Instance
Case number

HCCW544/2005

The court found that Mr Nedderman had effectively abandoned his office by leaving Hong Kong and failing to make arrangements for the continuance of the liquidations; that abandonment constituted sufficient cause under s.196(1) to remove him and his co-liquidators, to disallow his fees for failure to carry out his duties, to require delivery up of books and documents, to permit filing of disbursements within specified periods, to appoint BDO Limited nominees as joint and several provisional liquidators or liquidators, and to order costs of $3,085 against him.
27 Jul 2010

RE KOOLL INTERNATIONAL CONSOLIDATED SERVICES LTD

Citation

RE KOOLL INTERNATIONAL CONSOLIDATED SERVICES LTD
Court

Court of First Instance
Case number

HCCW722/2004

The court exercised its wide statutory discretion under s.196(1) to remove Mr Anthony Nedderman (and where applicable his co-liquidator) because his disappearance from Hong Kong and failure to put in place arrangements to enable the office to function constituted good cause, prejudicing creditors; accordingly his fees were disallowed, delivery of books and filing of a schedule of disbursements were ordered, BDO Limited officers were appointed as replacement provisional liquidators/liquidators, and costs of $3,085 were ordered against him.
27 Jul 2010

RE DIAMOND EARN INVESTMENTS LTD

Citation

RE DIAMOND EARN INVESTMENTS LTD
Court

Court of First Instance
Case number

HCCW877/2004

Given Mr Nedderman’s disappearance from Hong Kong, failure to make arrangements to allow his firm to continue the office and the resulting prejudice to creditors, the court (exercising the wide discretion under s.196(1) of the Companies Ordinance and applying Liote) found cause to remove him and his co-liquidators, disallowed his fees for failing to carry out the office properly, ordered delivery of books and permitted the replacement appointment of BDO nominees and an application for disbursements within specified timeframes; costs ordered against him.
27 Jul 2010

RE WEALTH FORD INVESTMENT LTD

Citation

RE WEALTH FORD INVESTMENT LTD
Court

Court of First Instance
Case number

HCCW352/2004

The court found cause shown under s.196(1) because Mr Nedderman effectively abandoned his office by leaving Hong Kong and failing to make arrangements for continuing administration, thereby prejudicing creditors; accordingly the court removed Mr Nedderman and his co‑liquidators, disallowed his fees, ordered delivery of books and allowed appointment of named BDO appointees with directions on filing disbursements and costs payable by Mr Nedderman.
27 Jul 2010

RE KIN LEE KO CONSTRUCTION CO LTD

Citation

RE KIN LEE KO CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCCW1298/2002

Mr Nedderman’s departure from Hong Kong and failure to provide arrangements for continuity constituted cause shown under s.196(1), prejudiced the proper administration of the liquidations and creditors’ interests; accordingly the court removed him and his co-liquidators, disallowed his fees, appointed BDO nominees as joint and several provisional liquidators/liquidators, ordered delivery of books and permitted filing of disbursements, and awarded costs of HK$3,085 to the Official Receiver in each application.
27 Jul 2010

RE UNITED FAME ENTERPRISE LTD

Citation

RE UNITED FAME ENTERPRISE LTD
Court

Court of First Instance
Case number

HCCW918/2005

The court found cause shown under s.196(1) because Mr Nedderman's apparent departure from Hong Kong and failure to make operational arrangements prejudiced the liquidation and creditors; accordingly the court removed Mr Nedderman and his co-liquidator where appropriate, disallowed his fees, appointed BDO staff as replacement provisional liquidators/liquidators, ordered delivery of books and permitted filing of a schedule of disbursements within prescribed timeframes, and ordered costs of $3,085 against Mr Nedderman.
27 Jul 2010

RE HOSEN INVESTMENT LTD

Citation

RE HOSEN INVESTMENT LTD
Court

Court of First Instance
Case number

HCCW566/2005

The court found cause shown under s.196(1) because Mr Nedderman had effectively abandoned his office by leaving Hong Kong and failing to ensure continuity of administration, thereby prejudicing creditors; accordingly the court removed him and his co-liquidator, disallowed his fees, appointed qualified replacements and made ancillary orders concerning delivery of books, filing of disbursements and costs.
27 Jul 2010

RE NEW LINKAGE LTD

Citation

RE NEW LINKAGE LTD
Court

Court of First Instance
Case number

HCCW915/2004

The court removed Mr Nedderman and his co-liquidator(s) because his apparent abandonment and departure from Hong Kong, and his failure to ensure continuity of administration, constituted sufficient cause under s.196(1) to protect creditors' interests; his fees were disallowed due to failure properly to carry out the office; replacement joint and several provisional liquidators from BDO Limited were appointed and orders made for delivery of books and filing of disbursements and payment of costs.