Hong Kong Case Law: Decisions & Judgments

Topic

Retrospective ratification

Legal area

Court

20 Apr 2007

RE ON TAI GARMENT FACTORY LTD

Citation

RE ON TAI GARMENT FACTORY LTD
Court

Court of First Instance
Case number

HCCW433/1999

The court exercised its discretion under section 200(3) of the Companies Ordinance to grant retrospective ratification and sanction for the Panel B agents' appointments and for payment of their fees out of company assets subject to taxation, on the basis that the appointments benefitted the creditors and the liquidation, there was no evidence of misconduct or conflict of interest, and it was disproportionate to investigate each case fully given the passage of time and limited assets.
20 Apr 2007

RE NEWSWEB INTERNATIONAL LTD

Citation

RE NEWSWEB INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCCW388/1997

The court exercised its discretion under section 200(3) to retrospectively ratify the Official Receiver's appointments of Panel B agents and to authorize taxation and payment of their fees out of company assets because the agents' work benefited creditors and the liquidations, there was no evidence of impropriety or conflict of interest, fees remain subject to independent taxation, and a case-by-case inquiry into delegation would be disproportionate and impractical given the passage of time and limited assets.
20 Apr 2007

RE T.D.A. CO LTD

Citation

RE T.D.A. CO LTD
Court

Court of First Instance
Case number

HCCW373/1999

The court will exercise its power under section 200(3) to retrospectively ratify the appointments of the Panel B agents in the 19 cases and authorise payment of their fees from the assets of the companies provided payments are limited to amounts allowed on taxation because the appointments benefited the creditors and the liquidations, there is no evidence of misconduct or conflict of interest, and individual investigations would be disproportionate.
20 Apr 2007

RE RICH GLORY SHIPPING LTD

Citation

RE RICH GLORY SHIPPING LTD
Court

Court of First Instance
Case number

HCCW508/1997

The court exercised its discretion under Companies Ordinance s200(3) to retrospectively ratify the Official Receiver's appointments of Panel B agents and to authorise payment of their fees out of the companies' assets subject to taxation because the agents' work benefited the creditors and the liquidations, there was no evidence of misconduct or conflict of interest, taxation will provide independent scrutiny, and it would be disproportionate to investigate delegation in each file.
20 Apr 2007

RE BEST GAIN ENGINEERING LTD

Citation

RE BEST GAIN ENGINEERING LTD
Court

Court of First Instance
Case number

HCCW337/1999

Given (a) the services provided by Panel B agents were conducive to proper conduct of the liquidations and in creditors' interests, (b) there was no evidence of misconduct or conflict of interest, (c) fees will be subject to taxation providing independent scrutiny, and (d) a case-by-case inquiry would be disproportionate, the court will exercise its power under section 200(3) to give retrospective sanction to the appointments and authorise payment of agents' fees and expenses out of company assets subject to taxation and amounts allowed on taxation.
20 Apr 2007

RE SUN WING LEE HING CHAN CO LTD

Citation

RE SUN WING LEE HING CHAN CO LTD
Court

Court of First Instance
Case number

HCCW754/1999

The court exercised its discretion under section 200(3) to grant retrospective authorisation of the Panel B appointments and to permit payment of agents' fees out of company assets subject to taxation because the appointments served creditors' interests, there was no evidence of conflict or misconduct, fees would be judicially scrutinised by taxation, and it was disproportionate to require case-by-case investigation of delegation given the passage of time and limited assets.
20 Apr 2007

RE PHILMA PETROLEUM LTD

Citation

RE PHILMA PETROLEUM LTD
Court

Court of First Instance
Case number

HCCW459/1997

The court will exercise its discretion under s200(3) to grant retrospective authorisation of the Official Receiver's appointments of Panel B agents and to sanction payment of agents' fees out of the companies' assets, subject to taxation and scrutiny, because the appointments and work done were in the interests of the creditors and the liquidation, there is no evidence of misconduct or conflict of interest, and a case-by-case inquiry into delegation is disproportionate and impractical.

Hong Kong Case Law

RE ON TAI GARMENT FACTORY LTD

RE NEWSWEB INTERNATIONAL LTD

RE T.D.A. CO LTD

RE RICH GLORY SHIPPING LTD

RE BEST GAIN ENGINEERING LTD

RE SUN WING LEE HING CHAN CO LTD

RE PHILMA PETROLEUM LTD