Re FRP (Hong Kong) Ltd. (Company Number 278684)

Re FRP (Hong Kong) Ltd. (Company Number 278684)

Because a judgment debt of HK$2,000,000 and a statutory demand had been established, and there was no stay of execution or evidence that the appeal had reasonable prospects or was even set down, the court exercised its discretion to make the usual winding-up order against the company.

Citation
Re FRP (Hong Kong) Ltd. (Company Number 278684)
Parties
Company (subject): FRP (Hong Kong) Limited; Interested Party: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2001
Case Number
HCCW207/2001
Procedural Posture
Companies (winding Up) Proceedings / Winding Up Petition Hearing — Order Made
Outcome
Winding-up order made against FRP (Hong Kong) Limited.
Legal Topics
Winding Up, Judgment Debt, Statutory Demand, Appeal, Stay of Execution
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Judgment Debt Statutory Demand Appeal Stay of Execution

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Parties

FRP (Hong Kong) Limited

Company (subject)

Official Receiver

Interested Party

Procedural Posture

Companies (winding Up) Proceedings / Winding Up Petition Hearing — Order Made

Legal Issues

  1. 1 Whether a winding-up order should be made based on a judgment debt and statutory demand
  2. 2 Whether the existence of a notice of appeal (without a stay of execution or an appeal set down) prevents winding-up
  3. 3 Whether the court should exercise its discretion to refuse winding-up despite entitlement ex debito justitiae

Ratio Decidendi

Because a judgment debt of HK$2,000,000 and a statutory demand had been established, and there was no stay of execution or evidence that the appeal had reasonable prospects or was even set down, the court exercised its discretion to make the usual winding-up order against the company.

Court Disposition

Winding-up order made against FRP (Hong Kong) Limited.

Orders

  • Make the usual winding-up order.