RE MAXGREEN LED LTD

RE MAXGREEN LED LTD

Petition dismissed for want of prosecution because the petitioner failed to progress the petition and did not attend the hearing; Official Receiver's costs of $5,300 were assessed and ordered to be paid out of the petitioner’s deposit with the balance of the deposit returned to the petitioner.

Citation
[2021] HKCFI 1145
Parties
Petitioner: Mr Ivan Foti; Company (respondent): Maxgreen Led Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2021
Case Number
HCCW222/2020
Procedural Posture
Companies Winding Up Petition / Hearing on Petition / Decision to Dismiss for Want of Prosecution
Outcome
Petition dismissed for want of prosecution
Legal Topics
Winding Up, Dismissal for Want of Prosecution, Costs
Source Language
EN
Company Law Insolvency Law Civil Procedure Winding Up Dismissal for Want of Prosecution Costs

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Parties

Mr Ivan Foti

Petitioner

Maxgreen Led Limited

Company (respondent)

Official Receiver

Official Receiver

Procedural Posture

Companies Winding Up Petition / Hearing on Petition / Decision to Dismiss for Want of Prosecution

Legal Issues

  1. 1 Whether to dismiss the winding-up petition for want of prosecution
  2. 2 Whether and how costs should be paid and from whom

Ratio Decidendi

Petition dismissed for want of prosecution because the petitioner failed to progress the petition and did not attend the hearing; Official Receiver's costs of $5,300 were assessed and ordered to be paid out of the petitioner’s deposit with the balance of the deposit returned to the petitioner.

Court Disposition

Petition dismissed for want of prosecution

Orders

  • The petition is dismissed.
  • No orders as to costs save that the Official Receiver’s costs in the sum of $5,300 be paid out of the petitioner’s deposit.