RE TOWN\'S INDUSTRIAL LTD

RE TOWN\'S INDUSTRIAL LTD

The statutory demand based on the Labour Tribunal award was properly served and not complied with, the debt was established and unopposed, and the Company failed to file evidence or obtain leave for representation; accordingly the court made a winding-up order and directed that the petitioner's costs be paid out of the Company's assets.

Citation
RE TOWN\'S INDUSTRIAL LTD
Parties
Petitioner: So Kong Yiu; Company (respondent): Town S Industrial Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 September 2007
Case Number
HCCW328/2007
Procedural Posture
Winding Up Petition / Judgment (winding Up Order Made)
Outcome
Winding-up order made against the Company.
Legal Topics
Winding Up, Creditor Petition, Statutory Demand, Labour Tribunal Award
Source Language
EN
Company Law Insolvency Labour Law Winding Up Creditor Petition Statutory Demand Labour Tribunal Award

Case Brief

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Parties

So Kong Yiu

Petitioner

Town S Industrial Limited

Company (respondent)

Official Receiver

Official Receiver

Procedural Posture

Winding Up Petition / Judgment (winding Up Order Made)

Legal Issues

  1. 1 Whether the company should be wound up for inability to pay its debts evidenced by a Labour Tribunal award
  2. 2 Whether a demand was properly served and non-compliance justifies a winding-up order
  3. 3 Whether the company should be permitted to be represented by a director without leave

Ratio Decidendi

The statutory demand based on the Labour Tribunal award was properly served and not complied with, the debt was established and unopposed, and the Company failed to file evidence or obtain leave for representation; accordingly 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 the Company.

Orders

  • The Company is to be wound up.
  • The petitioner\'s costs of these proceedings, including the costs reserved by the Master on 19 September 2007, are to be paid out of the Company\'s assets.