RE ICE (ASIA) LTD

The company failed to demonstrate any bona fide defence on substantial grounds and did not substantiate or identify any contract underlying its alleged counterclaim; the statutory demand and claimed debt established insolvency for the purposes of the petition, hence the winding-up order was made.

Source-derived case information.

Citation: [2020] HKCFI 3097
Parties: Petitioner: Petitioner; Respondent (company): Ice (Asia) Ltd; Official Receiver: Official Receiver
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 14 December 2020
Case Number: HCCW184/2020
Procedural Posture: Winding Up Petition Under Companies (winding Up and Miscellaneous Provisions) Ordinance (cap 32) / Hearing and Decision on Petition
Outcome: Winding-up order made against Ice (Asia) Ltd
Legal Topics: Winding Up, Statutory Demand, Insolvency, Bona Fide Defence
Source Language: en

Company Law Insolvency Law Civil Procedure Winding Up Statutory Demand Insolvency Bona Fide Defence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Petitioner

Ice (Asia) Ltd

Respondent (company)

Official Receiver

Procedural Posture

Winding Up Petition Under Companies (winding Up and Miscellaneous Provisions) Ordinance (cap 32) / Hearing and Decision on Petition

Legal Issues

1 Whether the company is insolvent and liable to be wound up
2 Whether the respondent has a bona fide defence on substantial grounds to resist the petition
3 Whether the statutory demand and underlying debt are established

Ratio Decidendi

Court Disposition

Winding-up order made against Ice (Asia) Ltd

Orders

Winding-up order made against Ice (Asia) Ltd

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