RE STIRLING DRAINAGE SERVICES LTD

RE STIRLING DRAINAGE SERVICES LTD

Because the petitioner established a judgment debt, served a demand and the company did not oppose the petition, the court was satisfied the company should be wound up under the Companies Ordinance (Cap. 32).

Citation
RE STIRLING DRAINAGE SERVICES LTD
Parties
Petitioner: Hung Cheuk Kam; Company/respondent: Stirling Drainage Services Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 July 2003
Case Number
HCCW554/2003
Procedural Posture
Companies (winding Up) Petition / Hearing and Winding Up Order Made
Outcome
Winding-up order made against Stirling Drainage Services Limited
Legal Topics
Winding Up, Judgment Debt, Labour Tribunal Award, Statutory Demand, Costs
Source Language
EN
Insolvency Company Law Employment Law Winding Up Judgment Debt Labour Tribunal Award Statutory Demand Costs

Case Brief

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Parties

Hung Cheuk Kam

Petitioner

Stirling Drainage Services Limited

Company/respondent

Official Receiver

Official Receiver

Procedural Posture

Companies (winding Up) Petition / Hearing and Winding Up Order Made

Legal Issues

  1. 1 Whether the company should be wound up for inability to pay its debts
  2. 2 Whether statutory requirements for presenting a winding-up petition were satisfied (judgment debt and demand)
  3. 3 Whether petitioner's costs should be paid out of the company's assets

Ratio Decidendi

Because the petitioner established a judgment debt, served a demand and the company did not oppose the petition, the court was satisfied the company should be wound up under the Companies Ordinance (Cap. 32).

Court Disposition

Winding-up order made against Stirling Drainage Services Limited

Orders

  • Winding-up order made against Stirling Drainage Services Limited
  • Petitioner's costs to be paid out of the assets of the Company