Read the full judgment text of HCCW 000345/2002 on BabelCite. This High Court CFI judgment was delivered on 31 October 2002 before Hon Kwan J.
Winding-up – Provisional liquidator – Just and equitable – Misconduct – Mareva injunction – Matrimonial proceedings – Evidence – Companies Ordinance – Directors' duties – Deadlock – Preliminary application – Striking out evidence – Prima facie case – Balancing interests – Undertaking in damages – Costs in cause – Appointment of Mr Charles Chan Wai Dune and Mr James Wardell – Limit of HK$45,482,716.00 – Whether evidence from matrimonial proceedings can be used without leave – Whether prima facie case for winding up established – Whether appointment of provisional liquidators appropriate despite risks – Mareva injunction limit and undertaking – Orders made for appointment and injunction.
Legal issues: Preliminary application to strike out evidence from matrimonial proceedings · Whether there is a good prima facie case for winding up on just and equitable grounds · Whether appointment of provisional liquidators is appropriate · Whether Mareva injunction should be granted
Outcome: Applications for appointment of provisional liquidators granted; Mareva injunction granted.
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