RE NON-NO FASHION WHOLESALE LTD.

RE NON-NO FASHION WHOLESALE LTD.

Because the petitioner demonstrated an unpaid debt supported by an unsatisfied statutory demand and the company did not file evidence or oppose the petition, the court granted the usual winding-up order.

Citation
RE NON-NO FASHION WHOLESALE LTD.
Parties
Petitioner: Petitioner; Respondent (company): Sunray Trading Limited; Interested Party: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 October 2001
Case Number
HCCW732/2001
Procedural Posture
Companies Winding Up Petition / First Hearing; Winding Up Order Made
Outcome
Winding-up order made against Sunray Trading Limited
Legal Topics
Winding Up, Statutory Demand, Creditor Petition, Unopposed Winding Up
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Statutory Demand Creditor Petition Unopposed Winding Up

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Parties

Petitioner

Petitioner

Sunray Trading Limited

Respondent (company)

Official Receiver

Interested Party

Procedural Posture

Companies Winding Up Petition / First Hearing; Winding Up Order Made

Legal Issues

  1. 1 Whether the company should be wound up for inability to pay its debts
  2. 2 Whether an unsatisfied statutory demand establishes a prima facie case for winding up
  3. 3 Effect of absence of affidavit and lack of opposition on the petition hearing

Ratio Decidendi

Because the petitioner demonstrated an unpaid debt supported by an unsatisfied statutory demand and the company did not file evidence or oppose the petition, the court granted the usual winding-up order.

Court Disposition

Winding-up order made against Sunray Trading Limited

Orders

  • Winding-up order made against Sunray Trading Limited (usual order)