Hong Kong Case Law: Decisions & Judgments

Topic

Powers of liquidators

Legal area

Court

21 Jun 2021

RE CHINA ALL ACCESS (HOLDINGS) LTD

Citation

[2021] HKCFI 1842
Court

Court of First Instance
Case number

HCCW431/2020

Given the dishonoured payment, creditor support for winding up, the new Mainland–Hong Kong mutual recognition mechanism which makes recognition in Shenzhen reasonably likely if the company's COMI is in Hong Kong, and the in personam jurisdiction over Hong Kong resident directors, the court concluded there is a real possibility the winding up would benefit the petitioner and therefore the second core requirement is satisfied; accordingly the court made the normal winding up order.
16 Jun 2021

X v. A AND OTHERS

Citation

[2021] HKCFI 1739
Court

Court of First Instance
Case number

HCMP222/2021

The summons for a stay was dismissed because the Company failed to show an arguable appeal: the judge concluded the key documents were not credible on contemporaneous evidence and there was no error of principle; the 35.59% Hong Kong shareholding is realizable by Hong Kong liquidators and Re China Huiyuan is distinguishable; speculative registration risk did not establish an arguable appeal.
11 Nov 2020

RE ANDO CREDIT LTD

Citation

[2020] HKCFI 2775
Court

Court of First Instance
Case number

HCCW339/2020

The appointment of provisional liquidators was appropriate on the unopposed application and the court will include an express power permitting the provisional liquidators to make an application for recognition by the Shenzhen Bankruptcy Court, because Hong Kong courts have previously recognised and assisted Mainland insolvency proceedings where there is a close connection with Hong Kong and such recognition is necessary to enable recovery of assets or claims in the Mainland; the order therefore must explicitly authorise pursuit of Mainland recognition subject to the court's subsequent approva…
27 Jan 2017

RE THE JOINT AND SEVERAL LIQUIDATORS OF PARD TRADE LTD

Citation

RE THE JOINT AND SEVERAL LIQUIDATORS OF PARD TRADE LTD
Court

Court of First Instance
Case number

HCMP3561/2016

The court granted recognition and reasonable assistance to the BVI‑appointed liquidators, authorizing them to request and receive from third parties documents and information concerning the companies and their promotion, formation, business dealings, accounts, assets, liabilities or affairs including the cause of insolvency, but declined to grant wording that would imply a compulsion to produce documents without a separate inter partes order under section 221(3) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32).
10 Mar 2016

JOINT OFFICIAL LIQUIDATORS OF CENTAUR LITIGATION UNIT SERIES 1 LTD (In Liquidation)

Citation

JOINT OFFICIAL LIQUIDATORS OF CENTAUR LITIGATION UNIT SERIES 1 LTD (In Liquidation)
Court

Court of First Instance
Case number

HCMP3391/2015

The court recognised the Cayman joint official liquidators and granted the requested assistance including a requirement that no proceedings in Hong Kong against the companies proceed without the court's leave, because that control mirrors Cayman law and is consistent with Hong Kong s182 Cap 32 and applicable common law principles, and on balance the risk to uninformed creditors did not outweigh the need for orderly liquidation.
15 Dec 2006

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD. v. THE GRANDE HOLDINGS LTD. AND OTHERS

Citation

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD. v. THE GRANDE HOLDINGS LTD. AND OTHERS
Court

Court of Final Appeal
Case number

FACV17/2006

Section 221 must be construed purposively and broadly to enable liquidators to obtain documents and information reasonably required for investigation and asset recovery; the court has jurisdiction to order production from corporate entities (through proper officers) and to require information about missing documents without the applicant proving existence of every document; the rules of inter partes discovery do not constrain s.221 orders; the judge's orders were within jurisdiction and appeals are dismissed.
23 Jan 1992

KOSEI SECURITIES CO. (ASIA) LTD. v. AKIRA SUGIYAMA

Citation

KOSEI SECURITIES CO. (ASIA) LTD. v. AKIRA SUGIYAMA
Court

Court of First Instance
Case number

HCA6354/1991

The liquidators of a company in members' voluntary liquidation may, without court sanction, continue an action commenced by the company before it was put in liquidation; omission of a notation in the title that the company is in liquidation is not a fatal defect warranting striking out, dismissal or stay (amendment is appropriate practice).

Hong Kong Case Law

RE CHINA ALL ACCESS (HOLDINGS) LTD

X v. A AND OTHERS

RE ANDO CREDIT LTD

RE THE JOINT AND SEVERAL LIQUIDATORS OF PARD TRADE LTD

JOINT OFFICIAL LIQUIDATORS OF CENTAUR LITIGATION UNIT SERIES 1 LTD (In Liquidation)

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD. v. THE GRANDE HOLDINGS LTD. AND OTHERS

KOSEI SECURITIES CO. (ASIA) LTD. v. AKIRA SUGIYAMA