Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Voluntary arrangement (iva)

  • 27 Sept 2012

    RE CHOW PING MAN

    Citation
    RE CHOW PING MAN
    Court
    Court of First Instance
    Case number
    HCBI141/2012

    The court held that a Master does have power under section 20D(3) to continue or renew an interim order, but that the statutory condition and policy considerations mean the power cannot be used to re-open a proposal already considered and rejected where there is no nominee report and where delay has defeated the expedition required by the IVA regime; on the facts (two creditor rejections, no nominee opinion and lapse of time beyond 14 days) the Master's dismissal and discharge of the interim order was correct and the appeal is dismissed.

  • 1 Mar 2001

    HEALTHY WHARF LTD. v. LEUNG YAT TUNG

    Citation
    HEALTHY WHARF LTD. v. LEUNG YAT TUNG
    Court
    Court of First Instance
    Case number
    HCB2019/2000

    The court refused to make an interim order and made a bankruptcy order because the debtor failed to provide full and frank disclosure (notably materially overstating unsecured liabilities by omitting securities and late/ad hoc disclosures), the intended nominees did not discharge independent duties to verify and present a complete picture, and on that basis the proposal was not serious or viable to justify a moratorium.