RE W & J INTERNATIONAL LTD

RE W & J INTERNATIONAL LTD

The petition established an undisputed debt supported by a statutory demand under s.178A which was not complied with, the company failed to show a bona fide dispute or procedural compliance sufficient to justify an adjournment, and no acceptable evidence was produced to oppose the petition; therefore a winding-up order was properly made.

Citation
RE W & J INTERNATIONAL LTD
Parties
Petitioner: North Carolina National Bank; Company: N & J International Limited; Official Receiver: Official Receiver; Supporting Creditors: Supporting Creditors; Director: C.T. Mirchandani; Director: J.M. Thadani
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 February 1984
Case Number
HCCW29/1984
Procedural Posture
Companies Winding Up / Hearing and Judgment on Winding Up Petition
Outcome
Winding up order made against N & J International Limited
Legal Topics
Winding Up, Insolvency, Provisional Liquidator, Adjournment, Statutory Demand Under S.178 a
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Provisional Liquidator Adjournment Statutory Demand Under S.178 a

Case Brief

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Parties

North Carolina National Bank

Petitioner

N & J International Limited

Company

Official Receiver

Official Receiver

Supporting Creditors

Supporting Creditors

C.T. Mirchandani

Director

J.M. Thadani

Director

Procedural Posture

Companies Winding Up / Hearing and Judgment on Winding Up Petition

Legal Issues

  1. 1 Whether the company is unable to pay its debts and thus liable to be wound up
  2. 2 Whether a statutory demand under s.178A was properly served and not complied with
  3. 3 Whether there exists a bona fide dispute as to the company's indebtedness

Ratio Decidendi

The petition established an undisputed debt supported by a statutory demand under s.178A which was not complied with, the company failed to show a bona fide dispute or procedural compliance sufficient to justify an adjournment, and no acceptable evidence was produced to oppose the petition; therefore a winding-up order was properly made.

Court Disposition

Winding up order made against N & J International Limited

Orders

  • Winding up order made
  • Costs awarded to petitioner and supporting creditors, including one set of costs for the Supporting Creditors to be paid out of the assets