Re New Attitude (HK) Ltd.

Re New Attitude (HK) Ltd.

The court made a winding up order because the petitioner proved a judgment debt with an unsatisfied statutory demand, the petition was properly presented, and the company failed to file affidavits or appear to oppose the petition despite being given time to do so.

Citation
Re New Attitude (HK) Ltd.
Parties
Petitioner: Petitioner; Respondent (company): New Attitude (HK) Limited; Intervener: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2002
Case Number
HCCW972/2001
Procedural Posture
Companies Winding Up Proceedings (petition Based on Judgment Debt) / Hearing and Winding Up Order Made
Outcome
Winding up order made against New Attitude (HK) Limited.
Legal Topics
Winding Up, Statutory Demand, Judgment Debt, Company Representation and Affidavits
Source Language
EN
Company Law Insolvency Winding Up Statutory Demand Judgment Debt Company Representation and Affidavits

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Parties

Petitioner

Petitioner

New Attitude (HK) Limited

Respondent (company)

Official Receiver

Intervener

Procedural Posture

Companies Winding Up Proceedings (petition Based on Judgment Debt) / Hearing and Winding Up Order Made

Legal Issues

  1. 1 Whether the company is unable to pay its debts warranting winding up under s.177(1)(d)
  2. 2 Whether a statutory demand served and not complied with supports a winding up petition
  3. 3 Whether absence of affidavit or representation justifies making the winding up order

Ratio Decidendi

The court made a winding up order because the petitioner proved a judgment debt with an unsatisfied statutory demand, the petition was properly presented, and the company failed to file affidavits or appear to oppose the petition despite being given time to do so.

Court Disposition

Winding up order made against New Attitude (HK) Limited.

Orders

  • Winding up order made against New Attitude (HK) Limited under the Companies Ordinance