RE CHINA MILLION INTERNATIONAL LTD

RE CHINA MILLION INTERNATIONAL LTD

Reinstatement had been ordered; the petitioner's judgment debt was established and demand served; notices of reinstatement were properly served and no opposition was filed; accordingly the court ordered the Company to be wound up and directed that the petitioner's costs be paid from the Company's assets.

Citation
RE CHINA MILLION INTERNATIONAL LTD
Parties
Petitioner: Bank of China (Hong Kong) Limited (successor to Hua Chiao Commerce Bank Limited); Company / Respondent: China Million International Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2004
Case Number
HCCW696/2004
Procedural Posture
Companies (winding Up) No. 696 of 2004 / Adjourned Petition Hearing Following Reinstatement; Order to Wind Up Made on Hearing
Outcome
Order made to wind up China Million International Limited; costs awarded to petitioner to be paid out of the Company's assets.
Legal Topics
Winding Up, Reinstatement of Company, Judgment Debt, Service of Notice, Costs
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Reinstatement of Company Judgment Debt Service of Notice Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Bank of China (Hong Kong) Limited (successor to Hua Chiao Commerce Bank Limited)

Petitioner

China Million International Limited

Company / Respondent

Official Receiver

Official Receiver

Procedural Posture

Companies (winding Up) No. 696 of 2004 / Adjourned Petition Hearing Following Reinstatement; Order to Wind Up Made on Hearing

Legal Issues

  1. 1 Whether registration should be reinstated under section 291AB(2) of the Companies Ordinance
  2. 2 Whether the Company should be wound up after reinstatement
  3. 3 Whether an unpaid judgment debt justifies winding up

Ratio Decidendi

Reinstatement had been ordered; the petitioner's judgment debt was established and demand served; notices of reinstatement were properly served and no opposition was filed; accordingly the court ordered the Company to be wound up and directed that the petitioner's costs be paid from the Company's assets.

Court Disposition

Order made to wind up China Million International Limited; costs awarded to petitioner to be paid out of the Company's assets.

Orders

  • Order that China Million International Limited be wound up.
  • Order that the petitioner’s costs, including costs reserved on 16 August 2004, are to be paid out of the Company’s assets.