Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Liquidation costs
  • 10 Jan 2000

    Re Chun Tai Industries Ltd.

    Citation
    Re Chun Tai Industries Ltd.
    Court
    Court of First Instance
    Case number
    HCCW969/1999

    Because the debt was undisputed, there was no credible or recent evidence of a viable restructuring or majority creditor support, and the company's repayment proposals were unreliable given past conduct, the court exercised its discretion to refuse an adjournment and made a compulsory winding-up order.

  • 19 Jul 1999

    RE HONG KONG FIRST CAPITAL CO. LTD.

    Citation
    RE HONG KONG FIRST CAPITAL CO. LTD.
    Court
    Court of First Instance
    Case number
    HCCW438/1999

    Because the Companies owed substantial undisputed debts, the proposed external loan was uncertain and could not be applied to repay the petitioner, and there was no bona fide restructuring proposal offering a realistic prospect of repayment, the court exercised its discretion to refuse further adjournment and made compulsory winding up orders against both companies.

  • 19 Jul 1999

    RE FIRST CAPITAL GROUP CO. LTD.

    Citation
    RE FIRST CAPITAL GROUP CO. LTD.
    Court
    Court of First Instance
    Case number
    HCCW437/1999

    The judge held that the debts were undisputed and substantial, the evidence of a loan or restructuring was speculative and incapable of discharging the debts (and in any event the proposed loan could not be applied to repay the petitioner due to a custodian agreement), there was no realistic prospect of repayment and no basis for further adjournment; accordingly compulsory winding-up orders were made and the petitioners' costs were ordered as liquidation expenses.