RE SMARTLINE TECHNOLOGY LTD

The Company was shown to be indebted by Labour Tribunal awards and failed to obtain representation or demonstrate a settlement; accordingly the court concluded the Company was unable to pay its debts and made a winding-up order, awarding costs against the Company's assets.

Citation: RE SMARTLINE TECHNOLOGY LTD
Parties: Petitioner: Mr Lam Wai; Company/respondent: Smartline Technology Limited; Official Receiver: Official Receiver
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 7 April 2003
Case Number: HCCW180/2003
Procedural Posture: Companies (winding Up) No. 180 of 2003 / Hearing and Judgment; Winding Up Order Made (7 April 2003)
Outcome: Winding-up order made against Smartline Technology Limited
Legal Topics: Winding Up, Inability to Pay Debts, Labour Tribunal Award, Costs
Source Language: EN

Company Law Insolvency Labour Law Winding Up Inability to Pay Debts Labour Tribunal Award Costs

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Parties

Mr Lam Wai

Petitioner

Smartline Technology Limited

Company/respondent

Official Receiver

Procedural Posture

Companies (winding Up) No. 180 of 2003 / Hearing and Judgment; Winding Up Order Made (7 April 2003)

Legal Issues

1 Whether the Company is unable to pay its debts
2 Whether Labour Tribunal awards constitute provable debts for winding-up
3 Whether company may be represented by a director without leave

Ratio Decidendi

Court Disposition

Winding-up order made against Smartline Technology Limited

Orders

Winding-up order made against Smartline Technology Limited
Petitioner's costs to be paid out of the Company's assets