RE HONG FENG ENGINEERING LTD
- Citation
- RE HONG FENG ENGINEERING LTD
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 25 August 2003
- Posture
- Companies (winding Up) No. 742 of 2003 / Winding Up Petition — Final Hearing and Judgment (25 August 2003)
- Case number
- HCCW742/2003
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 25 August 2003
- Posture
- Companies (winding Up) No. 742 of 2003 / Winding Up Petition — Final Hearing and Judgment (25 August 2003)
- Case number
- HCCW742/2003
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court made a winding-up order because the petition was founded on an undisputed Labour Tribunal consent award debt, a statutory demand was served, the Company failed to appear or file opposing evidence after its solicitors withdrew, and there was no apparent basis to challenge the judgment debt, demonstrating inability to pay.
Court disposition
Winding-up order made against Hong Feng Engineering Limited
Orders
- Winding-up order against Hong Feng Engineering Limited
- Petitioner’s costs to be paid out of the Company’s assets
02
Material facts
Parties
Mr Wong Ki Sim Samuel
Petitioner Counsel: Mr Joseph Lo, Director of Legal AidHong Feng Engineering Limited
Company (respondent) Counsel: Messrs Benny Kong & Peter TangOfficial Receiver
Official Receiver Counsel: Miss Sara ChungAmounts and remedies
- Petitioning Debt (labour Tribunal Award): HKD 24,700
- Aggregate Debt to Two Other Employees: HKD 52,800
03
Procedural history
Posture
Companies (winding Up) No. 742 of 2003 / Winding Up Petition — Final Hearing and Judgment (25 August 2003)
04
Questions and positions
Legal issues
- 01
Whether a winding-up order should be made based on an undisputed Labour Tribunal consent award debt
- 02
Whether the Company had any basis to challenge the petitioning debt
- 03
Whether absence of appearance and lack of evidence by the Company justified making the winding-up order
Party arguments
- Applicant
- Petitioner relied on a consent Labour Tribunal award ordering Hong Feng Engineering Limited to pay HK$24,700; demand was served; no evidence or appearance was filed by the Company after its solicitors withdrew instructions; petitioner asserted there was no basis to challenge the debt and sought a winding-up order.
- Respondent
- No substantive argument was advanced on behalf of the Company. Solicitors filed a Notice to Act then withdrew instructions; the Company did not appear, file evidence or apply for leave for a director to represent it.
05
Court’s reasoning
Legal principles
- 01
Companies Ordinance, Cap. 32
A company may be wound up if it is unable to pay its debts, including debts established by tribunal awards.
- 02
Labour Tribunal award (LBTC) — consent order
A consent award of the Labour Tribunal constitutes an enforceable debt that can support a winding-up petition where not disputed.
06
Ratio, limits and disposition
Ratio decidendi
The court made a winding-up order because the petition was founded on an undisputed Labour Tribunal consent award debt, a statutory demand was served, the Company failed to appear or file opposing evidence after its solicitors withdrew, and there was no apparent basis to challenge the judgment debt, demonstrating inability to pay.
Obiter and limits
- Costs of the petitioner are to be paid out of the Company’s assets.
- Withdrawal of solicitors’ instructions and absence of application for a director to represent the Company do not prevent the court from making a winding-up order when the debt is undisputed.
Court disposition
Winding-up order made against Hong Feng Engineering Limited
- Winding-up order against Hong Feng Engineering Limited
- Petitioner’s costs to be paid out of the Company’s assets
Source and reliance status
Court of First Instance · 25 August 2003
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 25 August 2003
bjbj HCCW 742/2003
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE COMPANIES (WINDING-UP) NO. 742 OF 2003 ____ IN THE MATTER of HONG FENG ENGINEERING LIMITED and IN THE MATTER of the Companies Ordinance, Cap. 32 ____ Before: Hon Kwan J in Court Date of Hearing: 25 August 2003 Date of Judgment: 25 August 2003 ___
J U D G M E N T ___ This is a petition to wind up Hong Feng Engineering Limited ( the Company ) presented by its former employee, Mr Wong Ki Sim Samuel. The petitioning debt is based on an award made by the Labour Tribunal in LBTC No. 10707 of 2002 consolidated with LBTC No. 10800 of 2002 and LBTC No. 10890 of 2002. The award, made on 2 December 2002, was by consent. The Company was the 4th defendant in the proceedings. According to paragraph 4 of the order by consent, the Company was ordered to pay to the petitioner HK$24,700 in full and final settlement of the petitioner s claim. Apart from the petitioner, the Company was also ordered to pay to two other employees the aggregate sum of HK$52,800. The petitioner served a demand for his debt on the Company on 16 May 2003 and the petition herein was presented on 9 July 2003. A Notice to Act for the Company was filed by a firm of solicitors on 19 August 2003 but on 23 August 2003, the solicitors wrote to the petitioner s solicitors stating that they have no further instructions to act for the Company. The Company has not appeared today nor has any application been made for leave to be given for a director to represent the Company. No evidence in opposition has been filed by the Company. In the circumstances, as there is no apparent basis for challenging the judgment debt in favour of the petitioner, I make a winding-up order against the Company. I order that the petitioner s costs are to be paid out of the Company s assets. (S Kwan) Judge of the Court of First Instance High Court Mr Joseph Lo of Director of Legal Aid, for the Petitioner Messrs Benny Kong & Peter Tang, for the Company, absent Miss Sara Chung for the Official Receiver
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