2 Nov 2016
OSMAN MOHAMMED ARAB WONG TAK MAN STEPHEN, JOINT AND SEVERAL LIQUIDATORS OF AGI LOGISTICS (HONG KONG) LTD (In Compulsory Liquidation) v. COMMISSIONER OF INLAND REVENUE
- Citation
- OSMAN MOHAMMED ARAB WONG TAK MAN STEPHEN, JOINT AND SEVERAL LIQUIDATORS OF AGI LOGISTICS (HONG KONG) LTD (In Compulsory Liquidation) v. COMMISSIONER OF INLAND REVENUE
- Court
- Court of Appeal
- Case number
- CACV201/2015
The payment of the HK$549,600 tax refund to a third party (Careship) after presentation of the winding-up petition constituted a disposition of the company’s property within the meaning of s182 Cap 32 and was therefore void; the CIR’s appeal was dismissed and the CIR was ordered to repay/otherwise account and to pay costs; Hong Kong precedents (Bank of East Asia; Chevalier) remain controlling and are not plainly wrong vis-à-vis the English authorities.