In Re Carrian Holdings Ltd.

Read the full judgment text of HCCW 244/1983 on BabelCite. This High Court CFI judgment was delivered on 31 May 1995.

1. The agreement which I am asked to approve is recommended by the liquidators of CHL and by CHL's Committee of Inspection, as well as by leading counsel and solicitors for CHL. The agreement has already been sanctioned by Rogers J. on the recommendation of the liquidators of CIL and by CIL's Committee of Inspection, as well as by leading counsel advising CIL. The complexity of the dispute between the liquidators of CHL and CIL is such that I cannot begin on this summons to form a view myself as

Case No.HCCW 244/1983
Court
High Court CFI
Date31 May 1995
Judge
Case Document
100%Judiciary

HCCW000244/1983

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

COMPANIES (WINDING-UP) NO. 244 OF 1983

____________

IN THE MATTER OF the Companies Ordinance (Cap. 32)
and
IN THE MATTER OF Carrian Holdings Limited (in creditors' voluntary liquidation)

____________

Coram: The Hon. Mr. Justice Keith in Chambers

Date of hearing: 31 May 1995

Date of delivery of judgment: 31 May 1995

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J U D G M E N T

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1. The agreement which I am asked to approve is recommended by the liquidators of CHL and by CHL's Committee of Inspection, as well as by leading counsel and solicitors for CHL. The agreement has already been sanctioned by Rogers J. on the recommendation of the liquidators of CIL and by CIL's Committee of Inspection, as well as by leading counsel advising CIL. The complexity of the dispute between the liquidators of CHL and CIL is such that I cannot begin on this summons to form a view myself as to whether the settlement is a fair one, but in view of the quality of the advice which the liquidators of CHL have received, it would be quite wrong for me to stand in their way. I therefore make an order in the terms of the summons, because I am satisfied that the liquidators of CHL are acting properly on advice properly received, though I do not want it to be thought that, by sanctioning the agreement, I have formed any view as to the correctness of the advice which has been received.

(Brian Keith)
Judge of the High Court

Representation:

Mr. Simon Morgan of M/s Simmons & Simmons for the Applicant.