RE BOMIN INVESTMENT LTD (In Liquidation) (the "Company")

HCCW 80/2020

[2021] HKCFI 3854

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES WINDING-UP PROCEEDINGS NO 80 OF 2020

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D E C I S I O N

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1.  I have before me an application for the present winding up of the Company to be conducted from the date of the order I am about to make, as if the winding up were a creditors’ voluntary winding up.

2.  The parties have agreed all the material terms.  The reason a hearing was necessary today was because the Official Receiver has raised two queries which after hearing counsel I am satisfied do not amount to an impediment to making the order.  The first confirmation that was sought was that no assets of the Company had been realised, or if they had, confirmation that ad valorem fees in respect to the realisations up to date of the conversion would be payable to the Official Receiver.

3.  Both the Petitioner and the current Provisional Liquidators have confirmed that there have been no realisations.  The other matter concerned the Official Receiver’s costs.  The Official Receiver seeks costs in the sum of $17,400.  Both the Petitioner and the Provisional Liquidators have confirmed their agreement to this.

4.  I will, therefore, make an order that as from 16 December 2021 the winding up of the Company be conducted as a creditors’ voluntary winding up.  Ms Wing Tse Tiffany Wong and Ms Yeung Mei Lee, both of Alvarez & Marsal Asia Limited of Rooms 405-7, 4^th Floor, St. George’s Building, 2 Ice House Street, Central, Hong Kong, be appointed as joint and several liquidators of the Company.  There should not be a Committee of Inspection.  There be no order as to the costs of this application and the joint and several provisional liquidators of the Company bear their own costs of the application and the liquidation up to the present date. Costs of the application to the Petitioner to be paid out of the assets of the Company.