Hong Kong Case Law: Decisions & Judgments

Topic

Preferential claims of employees

Legal area

Court

23 Dec 2009

RE DIANOOR JEWELCRAFT LTD

Citation

RE DIANOOR JEWELCRAFT LTD
Court

Court of First Instance
Case number

HCCW577/2008

The court refused validation orders because the Receivers' evidence showed on the available material that DIL (and therefore DJL) appeared insolvent such that paying the petitioning employees in full would unfairly prefer them over other creditors; the court appointed the existing Receivers as provisional liquidators of DIL, DJL and Checkers as their appointment was prima facie appropriate and conducive to efficient liquidation, and made winding up orders for all three companies.
23 Dec 2009

RE CHECKERS LTD

Citation

RE CHECKERS LTD
Court

Court of First Instance
Case number

HCCW27/2009

The court accepted the Receivers' revised assessments that DIL (and, derivatively, DJL) appeared insolvent such that granting validation orders to pay employees would create an unfair preference and risk prejudicing other creditors and potential substituted petitioners; accordingly validation orders were dismissed, the Receivers were appointed provisional liquidators of DIL, DJL and Checkers, and winding up orders were made for all three companies, with costs reserved for written submissions.
23 Dec 2009

RE DIANOOR INTERNATIONAL LTD

Citation

RE DIANOOR INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCCW576/2008

On the evidence, notably the Receivers' assessed realisable asset values and explanations for write‑downs of receivables, the court concluded DIL and DJL appeared insolvent; therefore validation orders to pay petitioning employees were refused to avoid unfair preference, the Receivers were appointed provisional liquidators of DIL, DJL and Checkers, and winding up orders were made for all three companies.

Hong Kong Case Law

RE DIANOOR JEWELCRAFT LTD

RE CHECKERS LTD

RE DIANOOR INTERNATIONAL LTD