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Hong Kong liquidation voluntary and compulsorycosts orders

Re Nerico Brothers Ltd [2025] HKCA 1024

[2025] HKCA 1024
JurisdictionHong Kong
CourtHK Court of Appeal
Year2025
StatusBinding authority

Summary

Court of Appeal provided guidance on principles governing non-party costs orders against directors of insolvent companies.

Key Principle

The Court of Appeal provided instructive guidance on the principles governing non-party costs orders against directors of insolvent companies.

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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