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ARTICLE · 29 NOVEMBER 2020

How Should Liquidators Deal With A Request To Deliver Up Documents After Being Discharged From Office?

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After the liquidators are discharged from office in the liquidation of a company, the company may ask the liquidators to return the documents kept by them as liquidators.

Hong KongLitigation, Mediation & Arbitration
ONC Lawyers
ONC Lawyers

Introduction

After the liquidators are discharged from office in the liquidation of a company, the company may ask the liquidators to return the documents kept by them as liquidators. The recent case of Luen Tat Watch Band Manufacturer Ltd v Stephen Liu Yiu Keung David Yen Ching Wai [2020] HKCFI 2610 sheds light on how the liquidators should conduct themselves upon receiving such request.

Background

The Plaintiff was wound up on 6 July 2010 and the Defendants were appointed as joint and several liquidators of the Plaintiff in October 2010. On 27 November 2017, the Court permanently stayed the winding-up, and removed and discharged the Defendants as liquidators of the Plaintiff ("Removal Decision").

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