RE KOOLL INTERNATIONAL CONSOLIDATED SERVICES LTD

RE KOOLL INTERNATIONAL CONSOLIDATED SERVICES LTD

The Court found the petitioning debt to be undisputed, the company unable to satisfy its debts given insufficient realization on execution and failure to raise funds, and therefore made a winding-up order; petitioner's costs were ordered to be paid out of the company's assets.

Citation
RE KOOLL INTERNATIONAL CONSOLIDATED SERVICES LTD
Parties
Petitioner: Madam Sin Wei Ching; Company/respondent: KOOLL INTERNATIONAL CONSOLIDATED SERVICES LIMITED; Interested Party: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 September 2004
Case Number
HCCW722/2004
Procedural Posture
Companies (winding Up) / Judgment Winding Up Order Made
Outcome
Winding-up order made against KOOLL INTERNATIONAL CONSOLIDATED SERVICES LIMITED.
Legal Topics
Winding Up, Insolvency, Execution of Judgment, Labour Tribunal Award, Costs
Source Language
EN
Company Law Insolvency Law Labour Law Winding Up Insolvency Execution of Judgment Labour Tribunal Award Costs

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Parties

Madam Sin Wei Ching

Petitioner

KOOLL INTERNATIONAL CONSOLIDATED SERVICES LIMITED

Company/respondent

Official Receiver

Interested Party

Procedural Posture

Companies (winding Up) / Judgment Winding Up Order Made

Legal Issues

  1. 1 Whether the company should be wound up for insolvency
  2. 2 Whether the petitioning debt was established and undisputed
  3. 3 Whether petitioner’s costs should be paid out of company assets

Ratio Decidendi

The Court found the petitioning debt to be undisputed, the company unable to satisfy its debts given insufficient realization on execution and failure to raise funds, and therefore made a winding-up order; petitioner's costs were ordered to be paid out of the company's assets.

Court Disposition

Winding-up order made against KOOLL INTERNATIONAL CONSOLIDATED SERVICES LIMITED.

Orders

  • Winding-up order made against the Company.
  • Petitioner’s costs to be paid out of the Company’s assets.