WONG PUI SAU AND ANOTHER v. CHEUNG KWONG MIN

WONG PUI SAU AND ANOTHER v. CHEUNG KWONG MIN

Under s.290 the court will grant a declaration voiding a company's dissolution to enable a proposed action to proceed where the applicant is an interested person (including a proposed personal injury claimant), substituted service on the liquidator has been properly effected and there is no material opposition; notification to the Registrar rather than making it a party is acceptable subject to delivery of a sealed order for registration.

Citation
WONG PUI SAU AND ANOTHER v. CHEUNG KWONG MIN
Parties
Applicant (administrator of Estate of Ho Wing Wai): WONG PUI SAU; Applicant (administrator of Estate of Ho Wing Wai): HO MAN WAI; Respondent (liquidator of Kiu on Engineering Company Limited): CHEUNG KWONG MIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 March 2000
Case Number
HCMP1273/2000
Procedural Posture
Companies Ordinance S.290 Application (restoration of Dissolved Company) / Judgment on Application
Outcome
Declaration made that the dissolution of Kiu On Engineering Company Limited is void pursuant to s.290 Companies Ordinance
Legal Topics
Restoration of Dissolved Company, Lazarus Order, Service of Process (substituted Service), Role of Liquidator as Respondent, Registrar of Companies Notification, Limitation Period
Source Language
EN
Company Law Insolvency Civil Procedure Personal Injury Litigation Restoration of Dissolved Company Lazarus Order Service of Process (substituted Service) Role of Liquidator as Respondent +2 more

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Parties

WONG PUI SAU

Applicant (administrator of Estate of Ho Wing Wai)

HO MAN WAI

Applicant (administrator of Estate of Ho Wing Wai)

CHEUNG KWONG MIN

Respondent (liquidator of Kiu on Engineering Company Limited)

Procedural Posture

Companies Ordinance S.290 Application (restoration of Dissolved Company) / Judgment on Application

Legal Issues

  1. 1 Whether applicants qualify as an 'interested person' under s.290 to seek a declaration that dissolution is void
  2. 2 Whether substituted service on the liquidator was proper and sufficient
  3. 3 Whether the Registrar of Companies must be a party or simply notified

Ratio Decidendi

Under s.290 the court will grant a declaration voiding a company's dissolution to enable a proposed action to proceed where the applicant is an interested person (including a proposed personal injury claimant), substituted service on the liquidator has been properly effected and there is no material opposition; notification to the Registrar rather than making it a party is acceptable subject to delivery of a sealed order for registration.

Court Disposition

Declaration made that the dissolution of Kiu On Engineering Company Limited is void pursuant to s.290 Companies Ordinance

Orders

  • The court declares the dissolution of Kiu On Engineering Company Limited to have been void pursuant to s.290 of the Companies Ordinance
  • Substituted service on the liquidator as ordered on 13 March 2000 is confirmed as proper