RE ENERGY GROUP LTD

RE ENERGY GROUP LTD

The petition was struck out because it failed to aver any basis for the court to exercise jurisdiction over an unregistered overseas company and the leave to serve out of jurisdiction was obtained on an inapplicable basis; the defects were fundamental and inexcusable, justifying striking out with costs.

Citation
RE ENERGY GROUP LTD
Parties
Petitioner (creditor): Petitioner; Respondent (company): Up Energy Group Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 October 2013
Case Number
HCCW185/2013
Procedural Posture
Companies (winding Up) No 185 of 2013 / Decision (court of First Instance)
Outcome
Petition struck out
Legal Topics
Winding Up, Jurisdiction to Wind Up Foreign/unregistered Company, Service Out of Jurisdiction, Statutory Demand, Striking Out for Failure to Plead Jurisdictional Basis
Source Language
EN
Company Law Insolvency Law Civil Procedure Winding Up Jurisdiction to Wind Up Foreign/unregistered Company Service Out of Jurisdiction Statutory Demand Striking Out for Failure to Plead Jurisdictional Basis

Case Brief

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Parties

Petitioner

Petitioner (creditor)

Up Energy Group Limited

Respondent (company)

Official Receiver

Official Receiver

Procedural Posture

Companies (winding Up) No 185 of 2013 / Decision (court of First Instance)

Legal Issues

  1. 1 Whether the Hong Kong Companies Court should exercise jurisdiction under section 327(3)(c) to wind up an unregistered foreign company
  2. 2 Whether the petition sufficiently averred the basis for the court exercising jurisdiction and the connection between the company and Hong Kong
  3. 3 Whether leave to serve the petition out of the jurisdiction was properly obtained under Order 11 r1(1)(d)(i) and (iii)

Ratio Decidendi

The petition was struck out because it failed to aver any basis for the court to exercise jurisdiction over an unregistered overseas company and the leave to serve out of jurisdiction was obtained on an inapplicable basis; the defects were fundamental and inexcusable, justifying striking out with costs.

Court Disposition

Petition struck out

Orders

  • Petition struck out with costs to the Company
  • Order allowing service of the petition out of the jurisdiction liable to be set aside