Re Portslink Asia Ltd.
The statutory demand was not complied with, the company did not pay the outstanding debt despite promises and an adjournment, and there was no effective representation for the company; therefore the court must make the winding-up order.
- Citation
- Re Portslink Asia Ltd.
- Parties
- Petitioner: Petitioner; Company (debtor): Portslink Asia Limited; Official Receiver: Official Receiver
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 4 February 2002
- Case Number
- HCCW1127/2001
- Procedural Posture
- Companies (winding Up) Proceedings / Hearing and Judgment on Winding Up Petition
- Outcome
- Winding-up order made against Portslink Asia Limited
- Legal Topics
- Winding Up, Statutory Demand, Lease Obligations, Debt Recovery
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Petitioner
Petitioner
Portslink Asia Limited
Company (debtor)
Official Receiver
Official Receiver
Procedural Posture
Companies (winding Up) Proceedings / Hearing and Judgment on Winding Up Petition
Legal Issues
- 1 Whether the company is unable to pay its debts such that a winding-up order should be made
- 2 Whether the statutory demand served on 9 July 2001 was complied with
- 3 Whether a dispute as to mesne profits prevents the winding-up order
Ratio Decidendi
The statutory demand was not complied with, the company did not pay the outstanding debt despite promises and an adjournment, and there was no effective representation for the company; therefore the court must make the winding-up order.
Court Disposition
Winding-up order made against Portslink Asia Limited
Orders
- The usual winding-up order is made against Portslink Asia Limited
Full Case Text
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