18 Apr 2000
Re Everpoint Co. Ltd.
- Citation
- Re Everpoint Co. Ltd.
- Court
- Court of First Instance
- Case number
- HCMP410/2000
The court applied the rights-based test for class constitution and held that inclusion of internal creditors did not produce confiscation or injustice; disputed claims legitimately valued at nil after review may be excluded from voting; technical irregularities were waivable; given substantial independent creditor support and preservation of preferential/security rights, the court exercises its discretion to sanction the 25 Schemes, subject to fulfillment of the Stock Exchange approval condition precedent.