RE GOLD WO INTERNATIONAL HOLDINGS LTD

RE GOLD WO INTERNATIONAL HOLDINGS LTD

The court has jurisdiction under Order 20 of the Rules of the High Court, applied by virtue of the Companies (Winding-up) Rules, and under its inherent jurisdiction to correct accidental slips and misnomers in a winding-up order and the originating petition; the corrections do not change the substance or identity of the company subject to the proceedings and therefore can be made without re-advertisement; costs allocated as appropriate.

Citation
RE GOLD WO INTERNATIONAL HOLDINGS LTD
Parties
Petitioner: HSBC; Respondent/company: Gold Wo International Holdings Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2004
Case Number
HCCW33/2003
Procedural Posture
Companies (winding Up) No. 33 of 2003 Winding Up Petition Under the Companies Ordinance, Cap.32 / Interlocutory Application to Amend Winding Up Order and Originating Petition
Outcome
Application granted
Legal Topics
Winding Up, Amendment of Court Orders, Misnomer, Registered Office Vs Principal Place of Business, Inherent Jurisdiction
Source Language
EN
Company Law Civil Procedure Winding Up Amendment of Court Orders Misnomer Registered Office Vs Principal Place of Business Inherent Jurisdiction

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Parties

HSBC

Petitioner

Gold Wo International Holdings Limited

Respondent/company

Official Receiver

Official Receiver

Procedural Posture

Companies (winding Up) No. 33 of 2003 Winding Up Petition Under the Companies Ordinance, Cap.32 / Interlocutory Application to Amend Winding Up Order and Originating Petition

Legal Issues

  1. 1 Whether the court may amend the winding-up order and petition to remove an unregistered Chinese name (misnomer) of the company
  2. 2 Whether the court may correct the incorrect statement of the company's registered office address in the winding-up order
  3. 3 Whether Order 20 of the Rules of the High Court and the Companies (Winding-up) Rules permit such amendments and whether the court should dispense with re-advertisement

Ratio Decidendi

The court has jurisdiction under Order 20 of the Rules of the High Court, applied by virtue of the Companies (Winding-up) Rules, and under its inherent jurisdiction to correct accidental slips and misnomers in a winding-up order and the originating petition; the corrections do not change the substance or identity of the company subject to the proceedings and therefore can be made without re-advertisement; costs allocated as appropriate.

Court Disposition

Application granted

Orders

  • Winding-up order and originating petition amended to delete the unregistered Chinese name of Gold Wo International Holdings Limited and to correct the address to reflect the Hong Kong principal place of business rather than the registered office in Bermuda
  • Dispensed with re-advertisement of the amended petition