RE UNIVERSAL ENGINEERING AND CONSTRUCTION LTD

RE UNIVERSAL ENGINEERING AND CONSTRUCTION LTD

Because the petition was founded on an undisputed judgment debt, the statutory demand and petition were properly served and the company did not oppose or file evidence, the court was compelled to make a winding-up order.

Citation
RE UNIVERSAL ENGINEERING AND CONSTRUCTION LTD
Parties
Petitioner: HKL (Chater House) Limited; Respondent/company: Universal Engineering and Construction Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 2005
Case Number
HCCW524/2005
Procedural Posture
Companies (winding Up) Petition / Hearing and Winding Up Order Made
Outcome
Winding-up order made against Universal Engineering and Construction Limited.
Legal Topics
Winding Up, Judgment Debt, Petition Procedure, Costs
Source Language
EN
Company Law Insolvency Debt Enforcement Winding Up Judgment Debt Petition Procedure Costs

Case Brief

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Parties

HKL (Chater House) Limited

Petitioner

Universal Engineering and Construction Limited

Respondent/company

Official Receiver

Official Receiver

Procedural Posture

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

Legal Issues

  1. 1 Whether a winding-up order should be made based on an undisputed judgment debt
  2. 2 Whether procedural requirements for presenting the winding-up petition were satisfied
  3. 3 Whether the petitioner's costs should be paid out of the company's assets

Ratio Decidendi

Because the petition was founded on an undisputed judgment debt, the statutory demand and petition were properly served and the company did not oppose or file evidence, the court was compelled to make a winding-up order.

Court Disposition

Winding-up order made against Universal Engineering and Construction Limited.

Orders

  • Order to wind up Universal Engineering and Construction Limited
  • Petitioner's costs to be paid out of the Company's assets