Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdiction and comity

  • 1 Mar 2006

    RE LEGEND INTERNATIONAL RESORTS LTD

    Citation
    RE LEGEND INTERNATIONAL RESORTS LTD
    Court
    Court of Appeal
    Case number
    CACV207/2005

    Petitioner qualified as an Eligible Transferee and had locus to present the winding-up petition; the presentation of the petition was not an abuse of process. However, the judge below did not err in refusing to appoint provisional liquidators because the statutory power to appoint provisional liquidators is for winding-up purposes and the traditional protection-of-assets basis for such appointment was not made out in the factual matrix (presence of Philippine rehabilitation proceedings, lack of creditor support and absence of clear jeopardy to assets), and the appellate court will not disturb…

  • 6 Jun 2005

    RE LEGEND INTERNATIONAL RESORTS LTD

    Citation
    RE LEGEND INTERNATIONAL RESORTS LTD
    Court
    Court of First Instance
    Case number
    HCCW1139/2004

    The court found on construction and the commercial context, following and applying the reasoning in Aikens J in Argo Fund, that MSEMI qualified as an Eligible Transferee and thus had locus to present the creditor's winding-up petition; the strike-out application failed. Although the court recognised it has jurisdiction to appoint provisional liquidators to facilitate restructuring, it exercised its discretion to refuse appointment here because a Philippine rehabilitation with a court-appointed receiver and stay was in place, the receiver was performing the necessary protective and evaluative…