IN RE GERMAN KITCHEN (H.K.) LTD.

IN RE GERMAN KITCHEN (H.K.) LTD.

The statutory demand was valid: Hong Kong law prescribes no statutory form for a demand, the demand stated the sum due, the Company had received the explanatory 20 October 1998 letter so reproduction in the demand was unnecessary, and the objection was without merit; accordingly the winding-up petition succeeded and...

Source-derived case information.

Citation
IN RE GERMAN KITCHEN (H.K.) LTD.
Parties
Petitioner: Shortridge Limited; Respondent: German Kitchen (H.K.) Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 February 1999
Case Number
HCCW854/1998
Procedural Posture
Winding Up Petition (companies) / Adjourned Hearing; Compulsory Winding Up Order Made
Outcome
Compulsory winding-up order made against German Kitchen (H.K.) Limited
Legal Topics
Statutory Demand, Winding Up, Guarantee, Assignment, Service of Process
Source Language
en
Company Law Insolvency Civil Procedure Contract Statutory Demand Winding Up Guarantee Assignment +1 more

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Parties

Shortridge Limited

Petitioner

German Kitchen (H.K.) Limited

Respondent

Official Receiver

Official Receiver

Procedural Posture

Winding Up Petition (companies) / Adjourned Hearing; Compulsory Winding Up Order Made

Legal Issues

  1. 1 Whether the statutory demand was invalid for failing to set out the contents of the notifying letter of 20 October 1998
  2. 2 Whether the petition based on an assignment of indebtedness and a guarantee was properly founded

Ratio Decidendi

The statutory demand was valid: Hong Kong law prescribes no statutory form for a demand, the demand stated the sum due, the Company had received the explanatory 20 October 1998 letter so reproduction in the demand was unnecessary, and the objection was without merit; accordingly the winding-up petition succeeded and a compulsory winding-up order was made.

Court Disposition

Compulsory winding-up order made against German Kitchen (H.K.) Limited

Orders

  • Make a compulsory winding-up order against German Kitchen (H.K.) Limited