Hong Kong Case Law: Decisions & Judgments

Topic

Restoration of company to register

Legal area

Court

15 Oct 2020

CHAN SZE WING v. CONGRUENCE CHINESE MEDICINE & JING LUO HEALTH LTD AND ANOTHER

Citation

[2020] HKCFI 2596
Court

Court of First Instance
Case number

HCA866/2012

On the balance of probabilities the Company (acting by its sole director/shareholder TPC) transferred the Property with the intention to defraud a prospective creditor; the transfer was at a gross undervalue, occurred in circumstances (timing, family relationship, inconsistent and unproved payment evidence, non-production of material witnesses and documents) from which intent to defraud may be inferred; the transferee failed to prove she provided valuable consideration in good faith and without notice; accordingly the Assignment is voidable under s.60 CPO and must be set aside; restoration ex…
16 Jan 2019

CHINA GUANGZHOU INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO LTD formerly known as CHINA GUANGZHOU INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO v. OFFICIAL RECEIVER

Citation

[2019] HKCFI 152
Court

Court of First Instance
Case number

HCCW339/2008

The court declared the dissolution void and restored the company because there was a substantial pre-existing civil claim (settled for RMB 4,000,000), directors had failed in their disclosure duties and could not rely on ignorance, and restoration was necessary to enable proper recovery and administration of the company's assets by the liquidators.
12 Sept 2014

杭州日月電器股份有限公司 v. THE REGISTRAR OF COMPANIES AND OTHERS

Citation

杭州日月電器股份有限公司 v. THE REGISTRAR OF COMPANIES AND OTHERS
Court

Court of First Instance
Case number

HCMP653/2014

The court granted restoration because the Applicant demonstrated it was aggrieved and applied within the statutory 20‑year period and, on the evidence, had a bona fide claim; the court declined to decide the substantive dispute in this proceeding and held that absence of assets or insolvency is not a decisive reason to refuse restoration under the Ordinance.
31 Mar 2010

NG PIT HAK AND OTHERS v. REGISTRAR OF COMPANIES, HONG KONG AND ANOTHER

Citation

NG PIT HAK AND OTHERS v. REGISTRAR OF COMPANIES, HONG KONG AND ANOTHER
Court

Court of First Instance
Case number

HCMP428/2009

The court ordered restoration of Sinolink Group Limited because the applicants demonstrated non‑shadowy prospects of a substantive claim, particularly as to unauthorised withdrawals and stock trading from the Company's account, the Registrar did not oppose restoration, and the opposing party failed to persuade the court to take the exceptional course of refusing restoration; restoration was necessary to enable pursuit of substantive and derivative claims subject to subsequent full evidential hearing.

Hong Kong Case Law

CHAN SZE WING v. CONGRUENCE CHINESE MEDICINE & JING LUO HEALTH LTD AND ANOTHER

CHINA GUANGZHOU INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO LTD formerly known as CHINA GUANGZHOU INTERNATIONAL ECONOMIC & TECHNICAL COOPERATION CO v. OFFICIAL RECEIVER

杭州日月電器股份有限公司 v. THE REGISTRAR OF COMPANIES AND OTHERS

NG PIT HAK AND OTHERS v. REGISTRAR OF COMPANIES, HONG KONG AND ANOTHER