Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Proof of debt and voting rights

  • 7 Apr 2016

    RE JOY RICH DEVELOPMENT LTD

    Citation
    RE JOY RICH DEVELOPMENT LTD
    Court
    Court of First Instance
    Case number
    HCCW146/2013

    Fameway's legal charge, being unregistered, is void against the liquidators and creditors; therefore Fameway may prove and vote as an unsecured creditor for the shortfall of HK$21,596,438.41 based on the forced sale valuation of the property (HK$360,000,000). The proviso to the extension order does not confer priority on Fameway over Revelry Gains. The Liquidators' application to dissolve the COI fails because they must proceed via the Official Receiver and there is insufficient reason to dissolve the COI on the facts.

  • 27 May 2010

    RE PAN SINO INTERNATIONAL HOLDING LTD

    Citation
    RE PAN SINO INTERNATIONAL HOLDING LTD
    Court
    Court of First Instance
    Case number
    HCCW144/2009

    The Official Receiver properly treated the disputed fees claimed by Lawrence as unliquidated for the purposes of voting because assessing entitlement required inquiry beyond mere arithmetic into hours and the nature of work; Rule 125 therefore justified excluding that part of the proof from voting. Rule 96 did not apply to the preliminary assessment under Rules 124/125. The court declined to override the creditors' majority decision and appointed Derek Lai Kar Yan and Joseph Lo Kin Ching as joint liquidators; costs orders were made accordingly.