RE CHINA SUNERGY (HONGKONG) CO LTD

RE CHINA SUNERGY (HONGKONG) CO LTD

Because the Company filed no evidence and had been given a last opportunity to resolve the matter, the court was entitled to make the normal winding-up order and to direct that the Official Receiver's costs of $8,900 be paid out of the petitioner's deposit with the balance returned to the petitioner.

Citation
[2018] HKCFI 2399
Parties
Petitioner: Petitioner (unnamed in judgment); Company/respondent: China Sunergy (HongKong) Co., Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 October 2018
Case Number
HCCW175/2018
Procedural Posture
Companies Winding Up Petition Under Companies (winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 / Hearing for Winding Up Petition; Final Adjournment and Decision to Make Winding Up Order
Outcome
Winding-up order made against China Sunergy (HongKong) Co., Limited
Legal Topics
Winding Up, Insolvency, Costs, Official Receiver
Source Language
EN
Company Law Insolvency Law Winding Up Insolvency Costs Official Receiver

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Petitioner (unnamed in judgment)

Petitioner

China Sunergy (HongKong) Co., Limited

Company/respondent

Official Receiver

Official Receiver

Procedural Posture

Companies Winding Up Petition Under Companies (winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 / Hearing for Winding Up Petition; Final Adjournment and Decision to Make Winding Up Order

Legal Issues

  1. 1 Whether a winding-up order should be made on insolvency grounds
  2. 2 Whether absence of evidence opposing the petition justifies granting the order
  3. 3 Allocation of Official Receiver's costs against petitioner's deposit

Ratio Decidendi

Because the Company filed no evidence and had been given a last opportunity to resolve the matter, the court was entitled to make the normal winding-up order and to direct that the Official Receiver's costs of $8,900 be paid out of the petitioner's deposit with the balance returned to the petitioner.

Court Disposition

Winding-up order made against China Sunergy (HongKong) Co., Limited

Orders

  • Winding-up order made.
  • Official Receiver's costs in the sum of $8,900 to be paid out of the petitioner's deposit.