Re SHIRTMASTER LTD.

Re SHIRTMASTER LTD.

Because the company was dissolved by way of a creditors voluntary winding-up and is therefore dissolved as at 29 April 2001 pursuant to section 248 of the Companies Ordinance, the pending winding-up petition must be struck out.

Citation
Re SHIRTMASTER LTD.
Parties
Petitioner: Director of Legal Aid; Company: Shirtmaster Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 November 2001
Case Number
HCCW332/2000
Procedural Posture
Companies Winding Up Proceedings / Post Dissolution; Petition Struck Out
Outcome
Petition struck out following dissolution of the company; no order as to costs except as to the Official Receiver's costs.
Legal Topics
Winding Up, Dissolution, Rena Gabriel Order, Section 248 Companies Ordinance, Striking Out Petition
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Dissolution Rena Gabriel Order Section 248 Companies Ordinance Striking Out Petition

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Parties

Director of Legal Aid

Petitioner

Shirtmaster Limited

Company

Official Receiver

Official Receiver

Procedural Posture

Companies Winding Up Proceedings / Post Dissolution; Petition Struck Out

Legal Issues

  1. 1 Effect of company dissolution on pending winding-up petition
  2. 2 Application of Section 248 of the Companies Ordinance
  3. 3 Consequences of a prior Rena Gabriel order

Ratio Decidendi

Because the company was dissolved by way of a creditors voluntary winding-up and is therefore dissolved as at 29 April 2001 pursuant to section 248 of the Companies Ordinance, the pending winding-up petition must be struck out.

Court Disposition

Petition struck out following dissolution of the company; no order as to costs except as to the Official Receiver's costs.

Orders

  • Petition struck out.
  • No order as to costs save that the Official Receiver's costs have been dealt with.