Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dividend overpayment
  • 27 Mar 2014

    RE LEHMAN BROTHERS COMMERCIAL CORPORATION ASIA LTD

    Citation
    RE LEHMAN BROTHERS COMMERCIAL CORPORATION ASIA LTD
    Court
    Court of First Instance
    Case number
    HCCW441/2008

    The court accepted the liquidators' reassessment and held it had clear jurisdiction under Winding-up Rule 96 to reduce and expunge the specified proofs of debt and that, following equitable common law principles (as explained in Re Searle and reconciled with Ex Parte Harper), the liquidators may effect an effective set-off by deducting overpaid interim dividends from future dividends until full credit is given; accordingly the orders sought were made.