RE JONES PHOTO SUPPLIES LTD

RE JONES PHOTO SUPPLIES LTD

Where notice of a winding‑up petition or meeting is served on the bailiff within the 14‑day retention period in section 270(2), a winding‑up order or resolution made or passed subsequently in due course need not be within those 14 days for the provision to apply; the balance retained by the bailiff must be paid to the liquidator and the execution creditor's interest is defeased.

Citation
RE JONES PHOTO SUPPLIES LTD
Parties
Applicant/provisional Liquidator: Official Receiver as Provisional Liquidator; Respondent/registrar: Registrar, Supreme Court; Company/subject: Jones Photo Supplies Limited; Judgment Creditors: Judgment Creditors (High Court Action No. 6934/82)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 December 1982
Case Number
HCCW204/1982
Procedural Posture
Companies Winding Up / Inter Parte‑summons for Directions
Outcome
Declared in favour of the Official Receiver as Provisional Liquidator: section 270(2) does not require the winding‑up order or resolution to be made within 14 days so long as notice was served within that period and the order or resolution follows in due course.
Legal Topics
Winding Up, Execution, Statutory Interpretation, Priority of Creditors
Source Language
EN
Company Law Insolvency Law Civil Procedure Winding Up Execution Statutory Interpretation Priority of Creditors

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Parties

Official Receiver as Provisional Liquidator

Applicant/provisional Liquidator

Registrar, Supreme Court

Respondent/registrar

Jones Photo Supplies Limited

Company/subject

Judgment Creditors (High Court Action No. 6934/82)

Judgment Creditors

Procedural Posture

Companies Winding Up / Inter Parte‑summons for Directions

Legal Issues

  1. 1 Whether a winding-up order must be made within the prescribed 14 days for section 270(2) to apply
  2. 2 Whether service of notice on the bailiff within 14 days followed by a later winding-up order defeats the execution creditor's interest
  3. 3 Proper construction of the phrase 'as the case may be' in section 270(2)

Ratio Decidendi

Where notice of a winding‑up petition or meeting is served on the bailiff within the 14‑day retention period in section 270(2), a winding‑up order or resolution made or passed subsequently in due course need not be within those 14 days for the provision to apply; the balance retained by the bailiff must be paid to the liquidator and the execution creditor's interest is defeased.

Court Disposition

Declared in favour of the Official Receiver as Provisional Liquidator: section 270(2) does not require the winding‑up order or resolution to be made within 14 days so long as notice was served within that period and the order or resolution follows in due course.

Orders

  • Issue determined in favour of the Official Receiver as Provisional Liquidator
  • Order that the bailiff shall pay the balance to the liquidator under section 270(2) when an order or resolution is made in due course after notice served within 14 days