Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Powers of shareholders vs directors
  • 20 Aug 2003

    RE BOLDWIN CONSTRUCTION CO LTD

    Citation
    RE BOLDWIN CONSTRUCTION CO LTD
    Court
    Court of First Instance
    Case number
    HCCW340/2002

    The court held that provisional liquidators, under the express powers in the Appointment Order (paras 2(9) and 2(10)), may exercise shareholders' rights in BF to (a) fix their remuneration on a Panel A time-cost basis to be paid from BF's assets and (b) obtain an indemnity from BF, provided the indemnity is limited to actions in relation to BF and the resolutions cease to apply if a petition to wind up BF is presented; the Shareholders' Resolutions of 6 November 2002 fall within the provisional liquidators' powers; the provisional liquidators are also authorized to present a petition to wind…