RE STIRLING DRAINAGE SERVICES LTD
- Citation
- RE STIRLING DRAINAGE SERVICES LTD
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 14 July 2003
- Posture
- Companies (winding Up) Petition / Hearing and Winding Up Order Made
- Case number
- HCCW554/2003
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 14 July 2003
- Posture
- Companies (winding Up) Petition / Hearing and Winding Up Order Made
- Case number
- HCCW554/2003
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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/respondentOfficial Receiver
Official Receiver Counsel: Miss Sara ChungAmounts 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
Posture
Companies (winding Up) Petition / Hearing and Winding Up Order Made
04
Questions and positions
Legal issues
- 01
Whether the company should be wound up for inability to pay its debts
- 02
Whether statutory requirements for presenting a winding-up petition were satisfied (judgment debt and demand)
- 03
Whether petitioner's costs should be paid out of the company's assets
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
Legal principles
- 01
Companies Ordinance (Cap. 32)
A company may be wound up if it is unable to pay its debts.
- 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
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· 14 July 2003
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$405,514.20. The petitioner served a demand for the debt on the Company on 31 March 2003. The petition herein was presented on 16 May 2003. The Company is absent today and no evidence has been filed by the Company to oppose this petition. In the circumstance, I make a winding-up order against the Company. The petitioner s costs are to be paid out of the assets of the Company. (S Kwan) Judge of the Court of First Instance High Court Miss Fanny Lo, of Director of Legal Aid, for the Petitioner The Company, absent Miss Sara Chung, for the Official Receiver
PAGE -
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
A
B
C
D
E
F
G
H
I
J
K
L
M
N O P 1udk 1udk i$&`G Ctw&Ctw& user HCCW.dot setup Microsoft Word 9.0 Judiciary Hong Kong Title Microsoft Word Document MSWordDoc Word.Document.8
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.