Read the full judgment text of HCA 001036/2002 on BabelCite. This High Court CFI judgment was delivered on 31 October 2002 before Kwan J.
Winding-up - Provisional liquidator - Appointment - Just and equitable grounds - Mareva injunction - Misappropriation of assets - Fiduciary duty - Matrimonial Causes Rules - Companies Ordinance - Whether evidence from matrimonial proceedings admissible - Whether prima facie case for winding up - Whether appointment of provisional liquidators appropriate - Limit of Mareva injunction - Evidence struck out due to contravention of r.121 Matrimonial Causes Rules - Prima facie case established for winding up on just and equitable grounds due to allegations of misconduct and deadlock - Provisional liquidators appointed to preserve assets and maintain status quo - Mareva injunction granted against CSC with limit of HK$45,482,716.00 based on proprietary claims - Costs in the cause.
Legal issues: Striking out evidence from matrimonial proceedings · Prima facie case for winding up on just and equitable grounds · Appointment of provisional liquidators · Grant and limit of Mareva injunction
Outcome: Applications for appointment of provisional liquidators granted for Boldwin, Maintain Profits, and Myriad Gold. Mareva injunction granted against CSC. Evidence from matrimonial proceedings struck out.
Cites 1 case