RE SUNTRIM INVESTMENT LTD.

RE SUNTRIM INVESTMENT LTD.

Because a statutory demand was served and remained unsatisfied, the petition was properly presented, no affidavit or contest was filed on behalf of the company, the court was satisfied to make the winding-up order.

Citation
RE SUNTRIM INVESTMENT LTD.
Parties
Petitioner: Petitioner; Company: Suntrim Investment Limited; Official Receiver: Mrs M Lam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2002
Case Number
HCCW1055/2001
Procedural Posture
Winding Up Petition (companies) / Judgment / Order Made
Outcome
Petition granted; company ordered to be wound up by the court.
Legal Topics
Winding Up, Statutory Demand, Presentation of Petition, Creditor's Petition
Source Language
EN
Company Law Insolvency Commercial Law Winding Up Statutory Demand Presentation of Petition Creditor's Petition

Case Brief

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Parties

Petitioner

Petitioner

Suntrim Investment Limited

Company

Mrs M Lam

Official Receiver

Procedural Posture

Winding Up Petition (companies) / Judgment / Order Made

Legal Issues

  1. 1 Whether the company should be wound up for inability to pay its debts
  2. 2 Whether the statutory demand was properly served and remained unsatisfied
  3. 3 Whether the company intended to contest the petition

Ratio Decidendi

Because a statutory demand was served and remained unsatisfied, the petition was properly presented, no affidavit or contest was filed on behalf of the company, the court was satisfied to make the winding-up order.

Court Disposition

Petition granted; company ordered to be wound up by the court.

Orders

  • Order that Suntrim Investment Limited be wound up by the Court