SUN HONEST DEVELOPMENT (CHINA) LTD

SUN HONEST DEVELOPMENT (CHINA) LTD

The court ordered reinstatement because the petitioner held an unsatisfied judgment obtained before dissolution, was an aggrieved party within s.291AB(2), the Registrar had no objection, and adequate notice had been given; upon reinstatement the company was wound up as just and proper under the court's retained power to wind up deregistered companies.

Citation
SUN HONEST DEVELOPMENT (CHINA) LTD
Parties
Petitioner: Bank of China (Hong Kong) Limited; Respondent (deregistered Company): Sun Honest Development (China) Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 February 2005
Case Number
HCCW1275/2004
Procedural Posture
Companies (winding Up) No. 1275 of 2004 / Judgment (reinstatement and Winding Up)
Outcome
Order made reinstating the company to the register and directing that upon reinstatement the company be wound up
Legal Topics
Deregistration, Reinstatement, Winding Up, Judgment Debt, Service and Notice
Source Language
EN
Company Law Insolvency Civil Procedure Deregistration Reinstatement Winding Up Judgment Debt Service and Notice

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Parties

Bank of China (Hong Kong) Limited

Petitioner

Sun Honest Development (China) Limited

Respondent (deregistered Company)

Official Receiver

Official Receiver

Procedural Posture

Companies (winding Up) No. 1275 of 2004 / Judgment (reinstatement and Winding Up)

Legal Issues

  1. 1 Whether a deregistered company should be reinstated so it can be wound up
  2. 2 Whether the petitioner is an aggrieved person entitled to apply under section 291AB(2)
  3. 3 Whether notice served was sufficient and whether further adjournment or notice was required

Ratio Decidendi

The court ordered reinstatement because the petitioner held an unsatisfied judgment obtained before dissolution, was an aggrieved party within s.291AB(2), the Registrar had no objection, and adequate notice had been given; upon reinstatement the company was wound up as just and proper under the court's retained power to wind up deregistered companies.

Court Disposition

Order made reinstating the company to the register and directing that upon reinstatement the company be wound up

Orders

  • The registration of the Company be reinstated to the register of the Companies Registry
  • The petitioner is to deliver to the Registrar of Companies a sealed copy of the order for reinstatement within 7 days