RE EDWIN E & M ENGINEERING LTD

RE EDWIN E & M ENGINEERING LTD

Because the petition debt was undisputed and the company withdrew its opposition, the court was satisfied that a winding-up order should be made; costs are to be paid out of the company's assets and a single set of costs applies for supporting creditors.

Citation
RE EDWIN E & M ENGINEERING LTD
Parties
Petitioner: Mr Chan Yuk Lam Terry; Company/respondent: Edwin E & M Engineering Limited; Supporting Creditor: Chung Yuen E & M Limited; Supporting Creditor: Mr Siu Ping Kwan; Supporting Creditor: Mr Lai Shu Ming; Supporting Creditor: Mr Chan Man To; Interested Party: Official Receiver's Office
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 September 2003
Case Number
HCCW689/2003
Procedural Posture
Companies (winding Up) / Judgment Winding Up Order Made
Outcome
Winding-up order made against Edwin E & M Engineering Limited
Legal Topics
Winding Up, Petition for Winding Up, Labour Tribunal Award, Supporting Creditors
Source Language
EN
Company Law Insolvency Labour Law Winding Up Petition for Winding Up Labour Tribunal Award Supporting Creditors

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Parties

Mr Chan Yuk Lam Terry

Petitioner

Edwin E & M Engineering Limited

Company/respondent

Chung Yuen E & M Limited

Supporting Creditor

Mr Siu Ping Kwan

Supporting Creditor

Mr Lai Shu Ming

Supporting Creditor

Mr Chan Man To

Supporting Creditor

Official Receiver's Office

Interested Party

Procedural Posture

Companies (winding Up) / Judgment Winding Up Order Made

Legal Issues

  1. 1 Whether a winding-up order should be made where the company owes undisputed debts
  2. 2 Effect of withdrawal of opposition by the company
  3. 3 Allocation of costs among petitioner and supporting creditors

Ratio Decidendi

Because the petition debt was undisputed and the company withdrew its opposition, the court was satisfied that a winding-up order should be made; costs are to be paid out of the company's assets and a single set of costs applies for supporting creditors.

Court Disposition

Winding-up order made against Edwin E & M Engineering Limited

Orders

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