WENDEN ENGINEERING SERVICES CO. LTD. v. LEE SHING YUE CONSTRUCTION CO. LTD.

WENDEN ENGINEERING SERVICES CO. LTD. v. LEE SHING YUE CONSTRUCTION CO. LTD.

The Court found the debt established and the Company unable to pay its debts (s.177(1)(d)); there were no opposing creditors appearing and no evidenced prejudice from making a compulsory order; accordingly the court exercised its discretion to make a compulsory winding-up order to benefit creditors including by potential application of the relation back doctrine.

Citation
WENDEN ENGINEERING SERVICES CO. LTD. v. LEE SHING YUE CONSTRUCTION CO. LTD.
Parties
Petitioner (creditor): Petitioner (unnamed creditor); Company: Young Cruise Company Limited (formerly Fortune Oil Company Limited); Opposing Contributory: Opposing Contributory; Liquidators (creditors' Voluntary Liquidation): Joint and Several Liquidators of the Company; Official Receiver: Official Receiver (Miss Hardwick)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2000
Case Number
HCCW788/2000
Procedural Posture
Companies (winding Up) No. 788 of 2000 / Hearing of Petition; Judgment Delivered 11 December 2000
Outcome
Winding-up order made: Young Cruise Company Limited is wound up by the Court.
Legal Topics
Winding Up, Creditors' Voluntary Liquidation, Compulsory Liquidation, Relation Back Doctrine, Statutory Demand
Source Language
EN
Company Law Insolvency Law Civil Procedure Winding Up Creditors' Voluntary Liquidation Compulsory Liquidation Relation Back Doctrine Statutory Demand

Case Brief

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Parties

Petitioner (unnamed creditor)

Petitioner (creditor)

Young Cruise Company Limited (formerly Fortune Oil Company Limited)

Company

Opposing Contributory

Opposing Contributory

Joint and Several Liquidators of the Company

Liquidators (creditors' Voluntary Liquidation)

Official Receiver (Miss Hardwick)

Official Receiver

Procedural Posture

Companies (winding Up) No. 788 of 2000 / Hearing of Petition; Judgment Delivered 11 December 2000

Legal Issues

  1. 1 Whether the debt upon which the petition was based was due and owing
  2. 2 Whether the court should exercise its discretion to make a compulsory winding-up order despite a creditors' voluntary liquidation

Ratio Decidendi

The Court found the debt established and the Company unable to pay its debts (s.177(1)(d)); there were no opposing creditors appearing and no evidenced prejudice from making a compulsory order; accordingly the court exercised its discretion to make a compulsory winding-up order to benefit creditors including by potential application of the relation back doctrine.

Court Disposition

Winding-up order made: Young Cruise Company Limited is wound up by the Court.

Orders

  • Order that Young Cruise Company Limited (formerly Fortune Oil Company Limited) be wound up by the Court.