Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 26 Nov 2021

    RE HSIN CHONG CONSTRUCTION CO LTD

    Citation
    [2021] HKCFI 3577
    Court
    Court of First Instance
    Case number
    HCCW239/2018

    The court adopted the construction of paragraph 4(f) that requires prior court sanction for substantive proceedings that may expend the company's assets whether commenced within the winding up or as separate proceedings; applying that construction the court granted retrospective sanction for specified proceedings (notably the stay application against Yau Lee, the s286B production application insofar as engagement of advisers was concerned, and leave to obtain advice in relation to arbitrations) but refused retrospective sanction where provisional liquidators had conductively opposed a validat…