RE WEBTV CORPORATION LTD
Where a petitioner failed to file evidence or take any steps for two years following court directions, the court exercised its inherent jurisdiction to dismiss the winding-up petition for want of prosecution and ordered the petitioner to pay the Company's costs and to have the Official Receiver's costs of $8,900...
Source-derived case information.
- Citation
- RE WEBTV CORPORATION LTD
- Parties
- Petitioner: Cheung Chor Kiu, Lawrence; Company: WebTV Corporation Limited; Official Receiver: Official Receiver
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 17 March 2003
- Case Number
- HCCW999/2000
- Procedural Posture
- Companies (winding Up) / Dismissal for Want of Prosecution (judgment)
- Outcome
- Petition dismissed for want of prosecution
- Legal Topics
- Winding Up Petition, Want of Prosecution, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cheung Chor Kiu, Lawrence
Petitioner
WebTV Corporation Limited
Company
Official Receiver
Official Receiver
Procedural Posture
Companies (winding Up) / Dismissal for Want of Prosecution (judgment)
Legal Issues
- 1 Whether the court should dismiss a winding-up petition for want of prosecution after failure to comply with directions for two years
- 2 Whether costs of the petition and the Official Receiver's costs should be paid by the petitioner and deducted from the petitioner's deposit
Ratio Decidendi
Where a petitioner failed to file evidence or take any steps for two years following court directions, the court exercised its inherent jurisdiction to dismiss the winding-up petition for want of prosecution and ordered the petitioner to pay the Company's costs and to have the Official Receiver's costs of $8,900 deducted from the petitioner's deposit.
Court Disposition
Petition dismissed for want of prosecution
Orders
- Petitioner to pay the Company's costs of the petition
- Official Receiver's costs of $8,900 to be deducted from the petitioner's deposit
Full Case Text
Judgment text and source record
1 paragraphs
bjbj HCCW 999/2000 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE COMPANIES (WINDING-UP) NO. 999 OF 2000 ____________ IN THE MATTER of WEBTV CORPORATION LIMITED and IN THE MATTER of the Companies Ordinance, Cap. 32 ____________ Before: Hon Kwan J in Court Date of Hearing: 17 March 2003 Date of Judgment: 17 March 2003 _______________ J U D G M E N T _______________ This petition to wind up Webtv Corporation Limited ( the Company ) was presented by Cheung Chor Kiu, Lawrence on 28 October 2000. On 19 February 2001, there was a hearing before Yuen J (as she then was) in which the judge gave the directions on the filing of evidence and adjourned the petition which was to be restored for further directions not before seven days after the directions on the filing of evidence had been complied with. No evidence has been filed by the petitioner within the time as ordered by the judge and no steps have been taken by the petitioner to prosecute the petition ever since. On 28 February 2003, the Official Receiver wrote to the court seeking to restore the petition as the Official Receiver s attempt to ask the parties to do so had met with no response. I have made an order this morning on the application of the petitioner s solicitors that they should cease to act for the petitioner. Under these circumstances, as no steps have been taken by the petitioner in these proceedings for two years, it would be appropriate to exercise the inherent jurisdiction of the court to dismiss the petition for want of prosecution. I make an order as sought by the Official Receiver. As for the costs of the petition, I order that the petitioner should pay the Company s costs of the petition and that the Official Receiver s costs of $8,900.00 are to be deducted from the petitioner s deposit. (S Kwan) Judge of the Court of First Instance High Court Messrs Iu, Lai & Li, for the Petitioner, absent Messrs Richards Butler, for the Company, absent Miss T Yau, for the Official Receiver 1udk 1udk E F G H I J K L M N O P Q R S T U V A B C D E F G H I J K L M N O P Q R S T U V i$&`G ODtFODtF user HCCW-abc.dot setup Microsoft Word 9.0 Judiciary Hong Kong Title Microsoft Word Document MSWordDoc Word.Document.8