RE TRANS GLOBE MARITIME LTD

RE TRANS GLOBE MARITIME LTD

Because the Companies (Winding Up) Rules and Companies Ordinance do not provide the Official Receiver with a statutory right or obligation to appear at winding up petition hearings, and because procedural rules (Rules 30 and 34) treat service on the Official Receiver as informational rather than conferring appearance rights, the Official Receiver is not obliged to appear and is not entitled to costs when a petition is withdrawn.

Citation
RE TRANS GLOBE MARITIME LTD
Parties
Petitioner: Petitioner; Official Receiver: Official Receiver; Company: Trans Globe Maritime Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 January 1979
Case Number
HCCW59/1978
Procedural Posture
Companies (winding Up) / Judgment
Outcome
Official Receiver is not obliged to appear at winding up petition hearings and is not entitled to costs on withdrawal of such petitions; the consent order as to the original petitioner is maintained.
Legal Topics
Winding Up, Official Receiver, Costs, Service of Petition
Source Language
EN
Company Law Insolvency Law Civil Procedure Winding Up Official Receiver Costs Service of Petition

Case Brief

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Parties

Petitioner

Petitioner

Official Receiver

Official Receiver

Trans Globe Maritime Limited

Company

Procedural Posture

Companies (winding Up) / Judgment

Legal Issues

  1. 1 Whether the Official Receiver is required to appear at the hearing of a winding up petition
  2. 2 Whether the Official Receiver is entitled to costs when a petition is withdrawn

Ratio Decidendi

Because the Companies (Winding Up) Rules and Companies Ordinance do not provide the Official Receiver with a statutory right or obligation to appear at winding up petition hearings, and because procedural rules (Rules 30 and 34) treat service on the Official Receiver as informational rather than conferring appearance rights, the Official Receiver is not obliged to appear and is not entitled to costs when a petition is withdrawn.

Court Disposition

Official Receiver is not obliged to appear at winding up petition hearings and is not entitled to costs on withdrawal of such petitions; the consent order as to the original petitioner is maintained.

Orders

  • Petition withdrawn by substituted petitioner; Official Receiver not awarded costs for appearances on 16 November 1978 and 14 December 1978.
  • Original consent order requiring payment of $500 to the Official Receiver by the original petitioner is maintained.