RE POSITIVE WELL PROPERTY MANAGEMENT CO. LTD.

RE POSITIVE WELL PROPERTY MANAGEMENT CO. LTD.

Because the statutory demand was not satisfied, the Labour Tribunal award remained enforceable and the company had no instructions to oppose the petition and failed to set aside the award, the company was unable to pay its debts and the court was obliged to make the winding-up order.

Citation
RE POSITIVE WELL PROPERTY MANAGEMENT CO. LTD.
Parties
Petitioner: Petitioner (name not stated); Company (respondent): Positive Well Property Management Co. Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 April 2002
Case Number
HCCW1041/2001
Procedural Posture
Companies Winding Up Petition / Order Made (winding Up)
Outcome
Winding-up order made against Positive Well Property Management Co. Limited
Legal Topics
Winding Up, Inability to Pay Debts, Statutory Demand, Labour Tribunal Award
Source Language
EN
Company Law Insolvency Labour Law Winding Up Inability to Pay Debts Statutory Demand Labour Tribunal Award

Case Brief

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Parties

Petitioner (name not stated)

Petitioner

Positive Well Property Management Co. Limited

Company (respondent)

Official Receiver

Official Receiver

Procedural Posture

Companies Winding Up Petition / Order Made (winding Up)

Legal Issues

  1. 1 Whether the company is unable to pay its debts
  2. 2 Whether the Labour Tribunal award and unsatisfied statutory demand justify a winding-up order
  3. 3 Whether the company successfully set aside the Labour Tribunal award

Ratio Decidendi

Because the statutory demand was not satisfied, the Labour Tribunal award remained enforceable and the company had no instructions to oppose the petition and failed to set aside the award, the company was unable to pay its debts and the court was obliged to make the winding-up order.

Court Disposition

Winding-up order made against Positive Well Property Management Co. Limited

Orders

  • Winding-up order made (the usual winding-up order)