Re Tin Tin Publication Development Ltd.

Re Tin Tin Publication Development Ltd.

The court granted the adjournment because the Petitioner gave an undertaking to apply for court sanction of the proposed settlement within seven days and an originating summons concerning the solicitors' costs had been commenced (HCMP 6586/2000); the purported support of Times-Ringier and Chios Ltd was given no...

Source-derived case information.

Citation
Re Tin Tin Publication Development Ltd.
Parties
Petitioner: Petitioner (unnamed in text); Respondent (company): Tin Tin Publication Development Limited; Supporting Creditor: Messrs John Ho & Tsui; Creditor (claimed): Times-Ringier (HK) Ltd; Creditor (claimed): Chios Ltd; Official Receiver/office Present: Official Receiver's Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 December 2000
Case Number
HCCW784/2000
Procedural Posture
Companies Winding Up Proceedings / Application for Adjournment Heard; Decision to Adjourn to Case Management Date
Outcome
Application for adjournment granted.
Legal Topics
Winding Up Petition, Adjournment, Settlement Approval/court Sanction, Creditor Representation, Taxation of Costs
Source Language
en
Companies Law Insolvency Law Civil Procedure Winding Up Petition Adjournment Settlement Approval/court Sanction Creditor Representation Taxation of Costs

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Parties

Petitioner (unnamed in text)

Petitioner

Tin Tin Publication Development Limited

Respondent (company)

Messrs John Ho & Tsui

Supporting Creditor

Times-Ringier (HK) Ltd

Creditor (claimed)

Chios Ltd

Creditor (claimed)

Official Receiver's Office

Official Receiver/office Present

Procedural Posture

Companies Winding Up Proceedings / Application for Adjournment Heard; Decision to Adjourn to Case Management Date

Legal Issues

  1. 1 Whether to grant further adjournment of winding-up petition pending settlement
  2. 2 Whether purported creditor representations should be accorded weight where authorisation evidence is lacking
  3. 3 Whether proposed settlement requires prompt court sanction

Ratio Decidendi

The court granted the adjournment because the Petitioner gave an undertaking to apply for court sanction of the proposed settlement within seven days and an originating summons concerning the solicitors' costs had been commenced (HCMP 6586/2000); the purported support of Times-Ringier and Chios Ltd was given no weight because authorisation evidence was inadequate and the Company's ability to pay was doubtful.

Court Disposition

Application for adjournment granted.

Orders

  • Adjourned to Monday 8 January 2001 at 9.30 a.m. before the Companies Judge