10 Jun 2020
HO MAN KIT AND KONG SZE MAN SIMONE JOINT AND SEVERAL LIQUIDATORS OF PLENTIFUL MARK LTD (IN CREDITORS’ VOLUNTARY LIQUIDATION) v. CHU KIN HON
- Citation
- [2020] HKCFI 1315
- Court
- Court of First Instance
- Case number
- HCMP2288/2019
Documents established that sufficient shareholding (compelling inference of at least 90%) supported a written special resolution that could have placed the company into a creditors' voluntary liquidation; accordingly s228A was wrongly used, the s228A resolution is null, void and invalid, declarations must be made, the liquidators' related application (HCMP 2288/2019) must be withdrawn and its hearing vacated, and costs ordered to be paid from the company's assets.