RE VITELIC (HONG KONG) LTD

RE VITELIC (HONG KONG) LTD

Because the Company did not appear and filed no evidence to dispute the petitioning debt of US$266,000, the Court made a winding-up order and directed that the petitioner's costs be paid out of the Company's assets.

Citation
RE VITELIC (HONG KONG) LTD
Parties
Petitioner: Advanced EPI Technology Corporation; Respondent / the Company: Vitelic (Hong Kong) Limited; Intervener: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 July 2006
Case Number
HCCW130/2006
Procedural Posture
Winding Up Petition / Final Hearing Winding Up Order Made
Outcome
Winding-up order made against Vitelic (Hong Kong) Limited.
Legal Topics
Winding Up, Debt Recovery, Validation Order, Lease Assignment
Source Language
EN
Insolvency Corporate Law Civil Procedure Winding Up Debt Recovery Validation Order Lease Assignment

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Parties

Advanced EPI Technology Corporation

Petitioner

Vitelic (Hong Kong) Limited

Respondent / the Company

Official Receiver

Intervener

Procedural Posture

Winding Up Petition / Final Hearing Winding Up Order Made

Legal Issues

  1. 1 Whether a winding-up order should be made for an unpaid debt of US$266,000
  2. 2 Whether the petitioning debt was disputed by the Company
  3. 3 Effect of failed assignment/consent on the petition

Ratio Decidendi

Because the Company did not appear and filed no evidence to dispute the petitioning debt of US$266,000, the Court made a winding-up order and directed that the petitioner's costs be paid out of the Company's assets.

Court Disposition

Winding-up order made against Vitelic (Hong Kong) Limited.

Orders

  • Winding-up order made against Vitelic (Hong Kong) Limited.
  • Petitioner’s costs to be paid out of the Company’s assets.