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HCCW 219/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
COMPANIES (WINDING-UP) PROCEEDINGS NO 219 OF 2014
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BETWEEN
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FU CHOI PING |
Plaintiff |
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and
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CABIROL JEAN LUC YVES |
Defendants |
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JUNGLE HOLDINGS LIMITED |
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| Before: Hon G Lam J in Chambers (Open to the public) |
| Date of Hearing: 9 November 2016 |
| Date of Decision: 9 November 2016 |
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D E C I S I O N
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1. It seems to me that the application is premature, given the Official Receiver’s letter of 8 November 2016, stating that the Official Receiver is still considering the latest accounts of the liquidators and still waiting for the latest reply of the liquidators concerning the investigation of the matters complained of by Madam Fu. The question of whether a Form D1 or Form D2 under the Companies (Reports on Conduct of Directors) Regulation is also outstanding.
2. The liquidators’ application for release dated 11 January 2016 is therefore still extant and yet to be dealt with after the matters referred to by the Official Receiver have been considered and disposed of.
3. Also, Madam Fu, the applicant, has not shown what steps she has taken in relation to her intention to report the relevant matters to the Commercial Crime Bureau and the Inland Revenue Department, or any other government authorities, as pointed out in the liquidators’ letter of 26 October 2016 to the court and as raised in their letter to Madam Fu dated 3 October 2016.
4. What I would do, therefore, is, first, in relation to Madam Fu’s second summons, ie the summons dated 28 September 2016, to give leave to amend the first summons dated 26 September 2016 by adding the letter ‘s’ to the word “Holding” in the name of the defendant, Jungle Holding Limited.
5. Secondly, I would strike out the second-named defendant, Mr Cabirol, who will therefore cease to be a party to the summons, because he is, in my view, not a necessary or proper party to the application.
6. Thirdly, the summons, as amended, dated 26 September 2016 is adjourned sine die with liberty to restore.
7. Fourthly, costs are reserved.
8. Fifthly, I direct that further documents filed or sent to the court in relation to this summons should be copied to the Official Receiver.
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(Godfrey Lam)
Judge of the Court of First Instance
High Court |
The plaintiff appeared in person
Jungle Holdings Limited was not represented and did not appear
The defendant, Mr Cabirol, appeared in person
The Official Receiver’s attendance was excused
The Joint and Several Liquidators’ attendance was excused
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