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HCMP 1039/2021
[2021] HKCFI 2813
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 1039 OF 2021
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IN THE MATTER of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Chapter 32) |
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and |
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IN THE MATTER of Yaohan Hongkong Corporation Limited (Dissolved) |
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Before: Hon Harris J in Chambers
Date of Hearing: 14 September 2021
Date of Decision: 14 September 2021
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D E C I S I O N
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1. I have before me a notice of originating motion dated 23 July 2021 issued by the previous liquidators of the Company which at one time ran a substantial department store in Hong Kong.
2. The Company went into creditors’ voluntary liquidation in 1998 and was dissolved pursuant to section 248 of the former Companies (Winding Up and Miscellaneous) Ordinance, Cap 32 on 4 July 2003. The liquidators have become aware in circumstances which is not necessary to describe that in an associated liquidation in Macau, a dividend has been paid which is substantial and gives the Company, if restored, the opportunity to receive MOP12 million, which can then be distributed amongst the Company’s creditors. The notice of origination motion, therefore, seeks a declaration that the dissolution is void and the liquidation of the Company continues as if it had not been dissolved.
3. This, in my view, is an appropriate application to grant. I will, therefore, make an order in the terms of the notice of originating motion.
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(Jonathan Harris) |
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Judge of the Court of First Instance |
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High Court |
Mr Chester Kwan, instructed by Liu, Chan and Lam, for the 1st to 3rd applicants (Stephen Liu Yiu Keung, Koo Chi Sum and Lui Yee Lin)
Attendance of the Registrar of Companies was excused
Attendance of the Official Receiver was excused
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