THE JOINT AND SEVERAL LIQUIDATORS OF GREAT HONEST FINANCE COMPANY LIMITED (IN COMPULSORY LIQUIDATION) v. CHUNG YUET SHEUNG, LORRAIN AND OTHERS

HCCW 101/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 101 OF 2009

----------------------

----------------------

----------------------

(Heard Together)

----------------------

D E C I S I O N

----------------------

1.  I make an order in terms of paragraphs 1 to 6 of each of the summonses in the three winding-up proceedings.  I order the costs of the liquidators in this application to be a liquidation expense and be borne by the estate of the company concerned.

2.  There is no opposition to the order for oral examination.  I am satisfied in the circumstances that each of the respondents should be examined before a Master regarding the affairs and dealings of each of the three companies.

3.  On the production of documents, what the respondents are required to do is to produce all documents within the scope of the order that are now in their possession.  So these documents would cover, for instance, documents that Ms Lorrain Chung said her former solicitors have returned to her recently, if they do fall within the scope of the orders.

4.  If the documents are not in their possession but the respondents are in the position to seek them from those who have the documents, they are required to provide letters of authorisation addressed to the bank for the relevant bank accounts, to authorise the bank to release the documents covered by the orders to the liquidators.

5.  For the expenses of the bank in providing the documents, they should be borne by the respondents in the first place.  If however, the respondents are really unable to pay, I understand from the liquidators that the liquidators are prepared to pay the bank the necessary charges.  So there would be no practical difficulties in complying with the orders I make.