RE FULL CREATION DEVELOPMENT LTD

RE FULL CREATION DEVELOPMENT LTD

Because the statutory demand was not complied with within three weeks and the Company filed no evidence in opposition, the Company is deemed unable to pay its debts and a winding up order must be made.

Citation
RE FULL CREATION DEVELOPMENT LTD
Parties
Petitioner: Chan Wai Choi trading as Chung Tung Recycling Company; Respondent: Full Creation Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 2009
Case Number
HCCW337/2009
Procedural Posture
Winding Up Petition / Judgment
Outcome
Order made to wind up Full Creation Development Limited
Legal Topics
Statutory Demand, Inability to Pay, Winding Up, Supporting Creditors, Costs
Source Language
EN
Insolvency Company Law Civil Procedure Statutory Demand Inability to Pay Winding Up Supporting Creditors Costs

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Parties

Chan Wai Choi trading as Chung Tung Recycling Company

Petitioner

Full Creation Development Limited

Respondent

Procedural Posture

Winding Up Petition / Judgment

Legal Issues

  1. 1 Whether the Company is unable to pay its debts as they fall due following non‑compliance with a statutory demand
  2. 2 Whether absence of evidence in opposition permits making a winding up order
  3. 3 Proper allocation of costs including Official Receiver's costs

Ratio Decidendi

Because the statutory demand was not complied with within three weeks and the Company filed no evidence in opposition, the Company is deemed unable to pay its debts and a winding up order must be made.

Court Disposition

Order made to wind up Full Creation Development Limited

Orders

  • Full Creation Development Limited to be wound up by the court
  • Petitioner's costs to be paid out of the Company's assets