RE GOLDEN ALWAYS LTD

RE GOLDEN ALWAYS LTD

The statutory demands were invalid because, although an allocatur had been issued, the companies were not presented with copies of the allocatur at the time the statutory demands were served and therefore there was no debt 'then due' under s.178(1)(a); accordingly the amended petitions to wind up the companies were dismissed and an order nisi for costs was made in favour of the companies.

Citation
RE GOLDEN ALWAYS LTD
Parties
Petitioner: Australian Telephone Distributors Pty Ltd. (in liquidation); 1st Defendant / Respondent: Golden Always Limited; 2nd Defendant / Respondent: Paradigm Connections Limited; Intervener: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 1996
Case Number
HCCW623/1995
Procedural Posture
Companies (winding Up) / Hearing of Amended Petitions and Judgment
Outcome
Amended petitions dismissed
Legal Topics
Winding Up Petitions, Statutory Demand, Costs Taxation, Allocatur, Court Discretion
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Petitions Statutory Demand Costs Taxation Allocatur Court Discretion

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Australian Telephone Distributors Pty Ltd. (in liquidation)

Petitioner

Golden Always Limited

1st Defendant / Respondent

Paradigm Connections Limited

2nd Defendant / Respondent

Official Receiver

Intervener

Procedural Posture

Companies (winding Up) / Hearing of Amended Petitions and Judgment

Legal Issues

  1. 1 Whether the statutory demands were valid where an allocatur had been taxed but not presented to the companies prior to service of the statutory demands
  2. 2 Whether a sum of costs is a debt 'then due' under s.178(1)(a) of the Companies Ordinance prior to presentation of the allocatur
  3. 3 Whether the Court should exercise its discretion to refuse a winding-up order to protect the companies' counterclaim

Ratio Decidendi

The statutory demands were invalid because, although an allocatur had been issued, the companies were not presented with copies of the allocatur at the time the statutory demands were served and therefore there was no debt 'then due' under s.178(1)(a); accordingly the amended petitions to wind up the companies were dismissed and an order nisi for costs was made in favour of the companies.

Court Disposition

Amended petitions dismissed

Orders

  • Amended petitions dismissed
  • Order nisi for costs in favour of the companies