MAK MEI KI ANGELA v. MAK CHI TAT AND OTHERS

MAK MEI KI ANGELA v. MAK CHI TAT AND OTHERS

Because the petition, re-amended and supported by a Registrar's certificate, stood unopposed and the court was satisfied that the statutory grounds under s177(1)(b) and (f) Cap 32 (and relevant provisions of Cap 622) justified winding up, a winding-up order was made and costs were allocated to the respondents with the Official Receiver's specified costs paid from the petitioner's deposit.

Citation
[2018] HKCFI 493
Parties
Petitioner: Mak Mei Ki Angela; 1st Respondent: Mak Chi Tat; 2nd Respondent: Chan Mow Chiu Raymond; 3rd Respondent: Mak Mei Chi Jenny; 4th Respondent: Oriental Sharp Enterprises Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 January 2018
Case Number
HCCW284/2017
Procedural Posture
Companies Winding Up Proceedings / Judgment Granting Winding Up Order
Outcome
Winding-up order made
Legal Topics
Winding Up, Shareholder Dispute, Costs, Official Receiver
Source Language
EN
Company Law Insolvency Law Civil Procedure Winding Up Shareholder Dispute Costs Official Receiver

Case Brief

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Parties

Mak Mei Ki Angela

Petitioner

Mak Chi Tat

1st Respondent

Chan Mow Chiu Raymond

2nd Respondent

Mak Mei Chi Jenny

3rd Respondent

Oriental Sharp Enterprises Limited

4th Respondent

Procedural Posture

Companies Winding Up Proceedings / Judgment Granting Winding Up Order

Legal Issues

  1. 1 Whether the company should be wound up under section 177(1)(b) and (f) of Cap 32
  2. 2 Whether an alternative share buy-out order should be made
  3. 3 Allocation of costs and treatment of Official Receiver's costs and petitioner's deposit

Ratio Decidendi

Because the petition, re-amended and supported by a Registrar's certificate, stood unopposed and the court was satisfied that the statutory grounds under s177(1)(b) and (f) Cap 32 (and relevant provisions of Cap 622) justified winding up, a winding-up order was made and costs were allocated to the respondents with the Official Receiver's specified costs paid from the petitioner's deposit.

Court Disposition

Winding-up order made

Orders

  • Winding-up order made in respect of Oriental Sharp Enterprises Limited
  • Petitioner's costs to be paid by the respondents