RE COURAGE DEVELOPMENT (HK) CO. LTD.

RE COURAGE DEVELOPMENT (HK) CO. LTD.

Petitioners failed to prove service/receipt of the statutory demands under s178(1)(a) because registered-post delivery was not confirmed and, absent admissions of receipt, the statutory deeming did not apply; nor did petitioners prove inability to pay under s177(1)(d) because there was insufficient evidence (no proof of abandonment, only a single visit and closed door, no communications evidencing persisting non-payment). Therefore both winding-up petitions were dismissed.

Citation
RE COURAGE DEVELOPMENT (HK) CO. LTD.
Parties
Petitioner: Petitioner; Respondent: Official Receiver; Respondent (company): Galaxy Electro Plating Factory Ltd; Respondent (company): Courage Development (HK) Co. Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 January 2000
Case Number
HCCW819/1999
Procedural Posture
Companies Winding Up Proceedings / Judgment Following Contested Hearing on Petitions (court of First Instance)
Outcome
Both petitions dismissed
Legal Topics
Statutory Demand, Service of Process, Winding Up Petition, Proof of Service, Inability to Pay Debts
Source Language
EN
Company Law Insolvency Civil Procedure Statutory Demand Service of Process Winding Up Petition Proof of Service Inability to Pay Debts

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Parties

Petitioner

Petitioner

Official Receiver

Respondent

Galaxy Electro Plating Factory Ltd

Respondent (company)

Courage Development (HK) Co. Ltd

Respondent (company)

Procedural Posture

Companies Winding Up Proceedings / Judgment Following Contested Hearing on Petitions (court of First Instance)

Legal Issues

  1. 1 Whether demands were duly served to constitute statutory demands under section 178(1)(a) of the Companies Ordinance
  2. 2 If demands were not statutory demands, whether a winding-up order could be made under section 177(1)(d) based on inability to pay
  3. 3 What evidence is required to prove receipt of a registered statutory demand

Ratio Decidendi

Petitioners failed to prove service/receipt of the statutory demands under s178(1)(a) because registered-post delivery was not confirmed and, absent admissions of receipt, the statutory deeming did not apply; nor did petitioners prove inability to pay under s177(1)(d) because there was insufficient evidence (no proof of abandonment, only a single visit and closed door, no communications evidencing persisting non-payment). Therefore both winding-up petitions were dismissed.

Court Disposition

Both petitions dismissed

Orders

  • Both petitions dismissed