RE STRONGWAYS INDUSTRIAL LTD

RE STRONGWAYS INDUSTRIAL LTD

The winding-up order was justified because the petitioner proved a judgment debt, complied with service requirements including serving the new registered office after notification and obtained a Registrar's certificate of compliance, and the company failed to appear or contest the petition.

Citation
RE STRONGWAYS INDUSTRIAL LTD
Parties
Petitioner: Huaxin (Hong Kong) Co. Ltd.; Company / Respondent: Strongways Industrial Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 2003
Case Number
HCCW459/2003
Procedural Posture
Companies (winding Up) Petition / Hearing and Final Order (winding Up Order Made)
Outcome
Winding-up order made against Strongways Industrial Limited; petitioner's costs to be paid out of the Company's assets.
Legal Topics
Winding Up, Judgment Debt, Service of Petition, Change of Registered Office, Costs
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Judgment Debt Service of Petition Change of Registered Office Costs

Case Brief

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Parties

Huaxin (Hong Kong) Co. Ltd.

Petitioner

Strongways Industrial Limited

Company / Respondent

Official Receiver

Official Receiver

Procedural Posture

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

Legal Issues

  1. 1 Whether a winding-up order should be made against Strongways Industrial Limited on the basis of an unpaid judgment debt
  2. 2 Whether service of the winding-up petition was valid given the change of the company's registered office
  3. 3 Whether the petitioner is entitled to recovery of costs from the company's assets

Ratio Decidendi

The winding-up order was justified because the petitioner proved a judgment debt, complied with service requirements including serving the new registered office after notification and obtained a Registrar's certificate of compliance, and the company failed to appear or contest the petition.

Court Disposition

Winding-up order made against Strongways Industrial Limited; petitioner's costs to be paid out of the Company's assets.

Orders

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