RE DEVELOPING ENGINEERING LTD

RE DEVELOPING ENGINEERING LTD

The court ordered the company to be wound up because the Labour Tribunal award and other unpaid employee debts, combined with a served demand and the dismissal of the company's appeal, demonstrated inability to pay debts and justified a winding-up order.

Citation
RE DEVELOPING ENGINEERING LTD
Parties
Petitioner: Liang Weifeng; Respondent: Developing Engineering Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2007
Case Number
HCCW611/2006
Procedural Posture
Winding Up Petition (company Insolvency) / Judgment (winding Up Order Made)
Outcome
Winding-up order made against Developing Engineering Limited
Legal Topics
Winding Up Petition, Labour Tribunal Award, Statutory Demand, Inability to Pay Debts
Source Language
EN
Insolvency Company Law Employment Law Winding Up Petition Labour Tribunal Award Statutory Demand Inability to Pay Debts

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Parties

Liang Weifeng

Petitioner

Developing Engineering Limited

Respondent

Procedural Posture

Winding Up Petition (company Insolvency) / Judgment (winding Up Order Made)

Legal Issues

  1. 1 Whether the company was unable to pay its debts and thus liable to be wound up
  2. 2 Whether the Labour Tribunal awards and served demand satisfied the grounds for a winding-up petition
  3. 3 Effect of the company's appeal on presentation of the petition

Ratio Decidendi

The court ordered the company to be wound up because the Labour Tribunal award and other unpaid employee debts, combined with a served demand and the dismissal of the company's appeal, demonstrated inability to pay debts and justified a winding-up order.

Court Disposition

Winding-up order made against Developing Engineering Limited

Orders

  • The Company is to be wound up
  • Petitioner's costs to be paid out of the Company's assets