RE ASSOCIATE KEY DEVELOPMENT LTD

RE ASSOCIATE KEY DEVELOPMENT LTD

Because the Labour Tribunal award produced a due and undisputed debt which had been demanded and remained unpaid, and the company failed to settle the debt or appear at the final hearing, the court exercised its authority under the Companies Ordinance to wind up the company and ordered that the petitioner's costs be paid out of the company's assets.

Citation
RE ASSOCIATE KEY DEVELOPMENT LTD
Parties
Petitioner: Mr Ho Kee; Company/respondent: Associate Key Development Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 November 2005
Case Number
HCCW690/2005
Procedural Posture
Companies (winding‑up) Petition No. 690 of 2005 / Order Made (winding Up)
Outcome
Winding up order made against Associate Key Development Limited
Legal Topics
Winding‑up, Labour Tribunal Judgment Debt, Demand for Payment, Official Receiver Involvement
Source Language
EN
Company Law Insolvency Law Winding‑up Labour Tribunal Judgment Debt Demand for Payment Official Receiver Involvement

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Parties

Mr Ho Kee

Petitioner

Associate Key Development Limited

Company/respondent

Official Receiver

Official Receiver

Procedural Posture

Companies (winding‑up) Petition No. 690 of 2005 / Order Made (winding Up)

Legal Issues

  1. 1 Whether the company should be wound up for failure to satisfy a Labour Tribunal award
  2. 2 Whether the debt was due and undisputed at the time of the hearing
  3. 3 Whether the company's absence and failure to settle the debt justified a winding‑up order

Ratio Decidendi

Because the Labour Tribunal award produced a due and undisputed debt which had been demanded and remained unpaid, and the company failed to settle the debt or appear at the final hearing, the court exercised its authority under the Companies Ordinance to wind up the company and ordered that the petitioner's costs be paid out of the company's assets.

Court Disposition

Winding up order made against Associate Key Development Limited

Orders

  • Order that Associate Key Development Limited be wound up
  • Petitioner’s costs to be paid out of the Company’s assets