TAM HING LOK v. NEW BRIGHT FOOTWEAR MANUFACTORY LTD AND ANOTHER

TAM HING LOK v. NEW BRIGHT FOOTWEAR MANUFACTORY LTD AND ANOTHER

The court granted the winding-up order on just and equitable grounds because the petition was not unfounded and respondents withdrew resistance; the court directed practical measures to prevent abuse of the Official Receiver by empowering him to appoint an accountant or barrister as agent to determine factual disputes with costs payable from company assets or, if insufficient, by equal claims on petitioner and the 2nd respondent; costs of the petition and related summonses and notice to produce were ordered to be paid out of the company assets and respondents were ordered to make full discovery.

Citation
TAM HING LOK v. NEW BRIGHT FOOTWEAR MANUFACTORY LTD AND ANOTHER
Parties
Petitioner: Tam Hing Lok; 1st Respondent: New Bright Footwear Manufactory Limited; 2nd Respondent: Law Yuet Shing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 March 1983
Case Number
HCCW199/1982
Procedural Posture
Companies (winding Up) / Hearing and Judgment (winding Up Petition)
Outcome
Winding-up order granted
Legal Topics
Winding Up, Just and Equitable Ground, Costs Allocation, Discovery and Inspection, Official Receiver Powers, Allegations of Misappropriation
Source Language
EN
Company Law Insolvency Law Civil Procedure Winding Up Just and Equitable Ground Costs Allocation Discovery and Inspection Official Receiver Powers +1 more

Case Brief

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Parties

Tam Hing Lok

Petitioner

New Bright Footwear Manufactory Limited

1st Respondent

Law Yuet Shing

2nd Respondent

Procedural Posture

Companies (winding Up) / Hearing and Judgment (winding Up Petition)

Legal Issues

  1. 1 Whether the company should be wound up on the just and equitable ground
  2. 2 Allocation of costs of the petition, two summonses and notice to produce
  3. 3 Extent to which the Official Receiver should be required to resolve factual disputes between parties

Ratio Decidendi

The court granted the winding-up order on just and equitable grounds because the petition was not unfounded and respondents withdrew resistance; the court directed practical measures to prevent abuse of the Official Receiver by empowering him to appoint an accountant or barrister as agent to determine factual disputes with costs payable from company assets or, if insufficient, by equal claims on petitioner and the 2nd respondent; costs of the petition and related summonses and notice to produce were ordered to be paid out of the company assets and respondents were ordered to make full discovery.

Court Disposition

Winding-up order granted

Orders

  • Winding-up order made against New Bright Footwear Manufactory Limited
  • Official Receiver empowered to refer factual matters to an accountant or barrister selected and appointed by him as his agent with costs to be paid out of the companys assets or, if insufficient, to seek estimated reimbursements from the petitioner and the 2nd respondent in equal shares