Hong Kong Judgment

Court of First Instance

RE SMARTLINE TECHNOLOGY LTD

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Source document

01

Holding and result

The Company was shown to be indebted by Labour Tribunal awards and failed to obtain representation or demonstrate a settlement; accordingly the court concluded the Company was unable to pay its debts and made a winding-up order, awarding costs against the Company's assets.

Court disposition

Winding-up order made against Smartline Technology Limited

Orders

  • Winding-up order made against Smartline Technology Limited
  • Petitioner's costs to be paid out of the Company's assets

02

Material facts

Parties

Mr Lam Wai

Petitioner Counsel: Miss P Lo (Legal Aid Department)

Smartline Technology Limited

Company/respondent

Official Receiver

Official Receiver Counsel: Miss T Yau

Amounts and remedies

  • Labour Tribunal Award to Mr Lam Wai: HKD 58,087.21
  • Labour Tribunal Award to Another Employee: HKD 46,865.8

03

Procedural history

  1. Posture

    Companies (winding Up) No. 180 of 2003 / Hearing and Judgment; Winding Up Order Made (7 April 2003)

04

Questions and positions

Legal issues

Party arguments

Applicant
Petitioner relied on Labour Tribunal awards dated 7 October 2002 showing debts of HK$58,087.21 and HK$46,865.80 with interest, served demand on 6 January 2003 and presented petition on 14 February 2003, seeking winding-up for inability to pay debts.
Respondent
A director indicated the Company would oppose the petition and was negotiating settlement, but no leave to represent the Company had been obtained and no one appeared in court to advance a defence.

05

Court’s reasoning

  1. 01

    Companies Ordinance, Cap. 32

    A company may be wound up if it is unable to pay its debts.

  2. 02

    Labour Tribunal award (award dated 7 October 2002)

    A Labour Tribunal award may constitute a debt provable in winding-up proceedings.

  3. 03

    Civil procedure/court practice

    A director cannot represent a company in court without the court's leave.

06

Ratio, limits and disposition

Ratio decidendi

The Company was shown to be indebted by Labour Tribunal awards and failed to obtain representation or demonstrate a settlement; accordingly the court concluded the Company was unable to pay its debts and made a winding-up order, awarding costs against the Company's assets.

Obiter and limits

  • Adjournment for settlement negotiations does not preclude making an order where the company fails to appear or obtain leave to be represented
  • Costs of the petition are to be paid out of the Company's assets

Court disposition

Winding-up order made against Smartline Technology Limited

  • Winding-up order made against Smartline Technology Limited
  • Petitioner's costs to be paid out of the Company's assets

Source and reliance status

Court of First Instance · 7 April 2003

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court of First Instance

Judgment· 7 April 2003

RE SMARTLINE TECHNOLOGY LTD

bjbj HCCW 180/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE COMPANIES (WINDING-UP) NO. 180 OF 2003 ____ IN THE MATTER of SMARTLINE TECHNOLOGY LIMITED and IN THE MATTER of the Companies Ordinance, Cap. 32 ____ Coram: Hon Kwan J in Court Date of Hearing: 7 April 2003 Date of Judgment: 7 April 2003 ___

J U D G M E N T ___ This is a petition presented by Mr Lam Wai on the ground that Smartline Technology Limited ( the Company ) is unable to pay its debts. The debt in this petition is founded on a Labour Tribunal award in the sum of HK$58,087.21 with interest obtained on 7 October 2002. The Company is also indebted to another employee by the same award in the sum of HK$46,865.80 with interest. A demand for payment was served on the Company on 6 January 2003 and the petition was presented on 14 February 2003. The petition was adjourned by a Master on 2 April 2003 because a director of the Company indicated to the court that the Company would oppose the petition and is negotiating for a settlement with the petitioner. No leave has been obtained by any director to represent the Company and no one has appeared for the Company today. In the circumstances, I make a winding-up order against the Company and 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 Miss P Lo of Legal Aid Department, for the Petitioner The Company, Smartline Technology Limited, absent Miss T Yau, for the Official Receiver

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Companies Ordinance, Cap. 32

Legislation

Legislation referenced in the available case record.

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