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Hong Kong liquidation voluntary and compulsory

Re BGA Holdings Ltd

[2024] HKCFI 51
JurisdictionHong Kong
CourtHK Court of First Instance
Year2024
StatusBinding authority

Summary

Decisions made by liquidators are subject to challenge in the court of the place of incorporation of the company in liquidation.

Key Principle

Liquidators' decisions can be challenged in the court of the place of incorporation.

Area of Law

insolvency

Related Cases

Stubbings v Jams 2 International Pty Ltd (2022) 399 ALR 409

In unfair preference claims, payments and supplies within a continuing business relationship are assessed as a whole under the running account principle, not individually.

Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233

HCA held that a creditor's statutory demand under s.459E Corporations Act cannot be set aside merely because the company disputes the debt; a genuine dispute on substantial grounds must be shown.

Vince v ASIC [2021] FCAFC 69

Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.

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