RE SUNDART (CIL) ENGINEERING LTD.

RE SUNDART (CIL) ENGINEERING LTD.

Because the Company failed to repay as promised, filed no affidavit and was unrepresented at the hearing, the court had no reason to refuse the usual winding up order and therefore granted it.

Citation
RE SUNDART (CIL) ENGINEERING LTD.
Parties
Petitioner: Substituted Petitioner (supporting creditor); Company: Sundart (CIL) Engineering Limited; Interested Party: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 2001
Case Number
HCCW994/2000
Procedural Posture
Winding Up Petition / Decision at First Instance (hearing and Order Made)
Outcome
Winding up order granted against Sundart (CIL) Engineering Limited
Legal Topics
Winding Up, Petition Substitution, Failure to Repay Debt
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Petition Substitution Failure to Repay Debt

Case Brief

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Parties

Substituted Petitioner (supporting creditor)

Petitioner

Sundart (CIL) Engineering Limited

Company

Official Receiver

Interested Party

Procedural Posture

Winding Up Petition / Decision at First Instance (hearing and Order Made)

Legal Issues

  1. 1 Whether to make a winding up order against Sundart (CIL) Engineering Limited
  2. 2 Whether absence of repayment, affidavits and representation justifies granting a winding up order

Ratio Decidendi

Because the Company failed to repay as promised, filed no affidavit and was unrepresented at the hearing, the court had no reason to refuse the usual winding up order and therefore granted it.

Court Disposition

Winding up order granted against Sundart (CIL) Engineering Limited

Orders

  • Make the usual winding up order for Sundart (CIL) Engineering Limited