Hong Kong Judgment

Court of First Instance

RE STIRLING DRAINAGE SERVICES LTD

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Source document

01

Holding and result

Because the petitioner established a judgment debt, served a demand and the company did not oppose the petition, the court was satisfied the company should be wound up under the Companies Ordinance (Cap. 32).

Court disposition

Winding-up order made against Stirling Drainage Services Limited

Orders

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

02

Material facts

Parties

Hung Cheuk Kam

Petitioner Counsel: Miss Fanny Lo (Director of Legal Aid)

Stirling Drainage Services Limited

Company/respondent

Official Receiver

Official Receiver Counsel: Miss Sara Chung

Amounts and remedies

  • Labour Tribunal Award to Petitioner (arrears of Wages): HKD 283,939.5
  • Total Indebtedness to Two Other Employees: HKD 405,514.2

03

Procedural history

  1. Posture

    Companies (winding Up) Petition / Hearing and Winding Up Order Made

04

Questions and positions

Legal issues

Party arguments

Applicant
Petitioner relied on a Labour Tribunal judgment for arrears of wages of HK$283,939.50 (award dated 3 January 2003) and total indebtedness to other employees of HK$405,514.20; a demand was served on 31 March 2003 and the petition was presented on 16 May 2003.
Respondent
The Company was absent and filed no evidence or submissions to oppose the petition.

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

    Companies Ordinance (Cap. 32) / court practice

    The court has discretion to order that the petitioner's costs be paid out of the assets of the company.

06

Ratio, limits and disposition

Ratio decidendi

Because the petitioner established a judgment debt, served a demand and the company did not oppose the petition, the court was satisfied the company should be wound up under the Companies Ordinance (Cap. 32).

Obiter and limits

  • Petitioner's costs ordered to be paid out of the company's assets.

Court disposition

Winding-up order made against Stirling Drainage Services Limited

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

Source and reliance status

Court of First Instance · 14 July 2003

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Judgment text

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Source document

Court of First Instance

Judgment· 14 July 2003

RE STIRLING DRAINAGE SERVICES LTD

bjbj HCCW 554/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE COMPANIES (WINDING-UP) NO. 554 OF 2003 ____ IN THE MATTER of STIRLING DRAINAGE SERVICES LIMITED and IN THE MATTER of the Companies Ordinance (Cap. 32) ____ Before: Hon Kwan J in Court Date of Hearing: 14 July 2003 Date of Judgment: 14 July 2003 ___

J U D G M E N T ___ This petition to wind up Stirling Drainage Services Limited is presented by Hung Cheuk Kam based on a judgment debt obtained in the Labour Tribunal for arrears of wages in the sum of HK$283,939.50. The award was made on 3 January 2003. The Company is also indebted to two other employees by virtue of the same award in the total sum of HK$405,514.20. The petitioner served a demand for the debt on the Company on 31 March 2003. The petition herein was presented on 16 May 2003. The Company is absent today and no evidence has been filed by the Company to oppose this petition. In the circumstance, I make a winding-up order against the Company. The petitioner s costs are to be paid out of the assets of the Company. (S Kwan) Judge of the Court of First Instance High Court Miss Fanny Lo, of Director of Legal Aid, for the Petitioner The Company, absent Miss Sara Chung, 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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