RE HJ INNOXCELL LTD

RE HJ INNOXCELL LTD

The stay was lifted because the condition on which it rested (determination of HCA 1707/2018) had been satisfied by the dismissal of that action for failure to pay ordered security for costs; no winding-up order was made as it was not sought in the summons and the matter was listed for a short chambers hearing; the Company's request for further adjournment and expansive leave to file evidence was refused but limited leave to file further evidence by a fixed deadline was granted.

Citation
[2021] HKCFI 3538
Parties
Petitioner: Petitioner; Company: HJ InnoXcell Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 November 2021
Case Number
HCCW374/2020
Procedural Posture
Creditor's Petition for Winding Up (companies Winding Up Proceedings) / Application to Lift Case Management Stay in Chambers; Petition Adjourned to Companies Judge for Monday Morning Hearing
Outcome
Stay lifted; no winding-up order made; petition adjourned to Monday morning at 9:30 am before the Companies Judge; limited leave to file further evidence granted with strict deadline; request for broader adjournment and leave refused.
Legal Topics
Winding Up, Security for Costs, Case Management Stay, Statutory Demand, Restructuring
Source Language
EN
Company Law Insolvency Civil Procedure Costs Winding Up Security for Costs Case Management Stay Statutory Demand +1 more

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Parties

Petitioner

Petitioner

HJ InnoXcell Limited

Company

Procedural Posture

Creditor's Petition for Winding Up (companies Winding Up Proceedings) / Application to Lift Case Management Stay in Chambers; Petition Adjourned to Companies Judge for Monday Morning Hearing

Legal Issues

  1. 1 Whether the case management stay should be lifted
  2. 2 Whether a winding-up order should be made at this hearing
  3. 3 Whether the Company should be permitted further evidence and an adjournment to pursue restructuring

Ratio Decidendi

The stay was lifted because the condition on which it rested (determination of HCA 1707/2018) had been satisfied by the dismissal of that action for failure to pay ordered security for costs; no winding-up order was made as it was not sought in the summons and the matter was listed for a short chambers hearing; the Company's request for further adjournment and expansive leave to file evidence was refused but limited leave to file further evidence by a fixed deadline was granted.

Court Disposition

Stay lifted; no winding-up order made; petition adjourned to Monday morning at 9:30 am before the Companies Judge; limited leave to file further evidence granted with strict deadline; request for broader adjournment and leave refused.

Orders

  • Lift the case management stay imposed by Linda Chan J on 8 February 2021
  • Do not make a winding-up order at this hearing