ROBERT BRUCE CHAIKO v. GERMAIN ELECTRONIC LTD

ROBERT BRUCE CHAIKO v. GERMAIN ELECTRONIC LTD

The statutory demands could not be set aside because the taxed costs allocatur certified a debt owed jointly and severally by the Company and Mr and Mrs Chaiko, the allocatur stood unchallenged and represented a recoverable debt, and the winding up petition was unopposed and the company was unable to meet the...

Source-derived case information.

Citation
ROBERT BRUCE CHAIKO v. GERMAIN ELECTRONIC LTD
Parties
Applicant: Robert Bruce Chaiko; Applicant: Liu Yuen Kwan (also known as Peggy Liu); Creditor/petitioner: Germain Electronic Limited; Respondent/company: LDB Sales Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2010
Case Number
HCSD5/2009
Procedural Posture
Applications to Set Aside Statutory Demands and Companies Winding Up Petition / Judgment Following Hearing
Outcome
Winding up order made against LDB Sales Company Limited; applications by Robert Bruce Chaiko and Liu Yuen Kwan to set aside statutory demands dismissed; costs ordered
Legal Topics
Statutory Demand, Winding Up Petition, Costs Orders, Set Aside Applications, Bankruptcy Petitions, Limitation, Taxation of Costs
Source Language
en
Company Law Insolvency Civil Procedure Costs Law Statutory Demand Winding Up Petition Costs Orders Set Aside Applications +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Robert Bruce Chaiko

Applicant

Liu Yuen Kwan (also known as Peggy Liu)

Applicant

Germain Electronic Limited

Creditor/petitioner

LDB Sales Company Limited

Respondent/company

Procedural Posture

Applications to Set Aside Statutory Demands and Companies Winding Up Petition / Judgment Following Hearing

Legal Issues

  1. 1 Whether statutory demands served on Mr and Mrs Chaiko should be set aside
  2. 2 Whether the costs order and allocatur constitute a debt properly recoverable by creditor
  3. 3 Whether shareholders can be personally liable for company debts by virtue of conduct in litigation

Ratio Decidendi

The statutory demands could not be set aside because the taxed costs allocatur certified a debt owed jointly and severally by the Company and Mr and Mrs Chaiko, the allocatur stood unchallenged and represented a recoverable debt, and the winding up petition was unopposed and the company was unable to meet the liability; accordingly the winding up order was made and the applications to set aside the statutory demands were dismissed.

Court Disposition

Winding up order made against LDB Sales Company Limited; applications by Robert Bruce Chaiko and Liu Yuen Kwan to set aside statutory demands dismissed; costs ordered

Orders

  • Winding up order made against LDB Sales Company Limited with costs
  • Applications HCSD 5/2009 and HCSD 6/2009 to set aside statutory demands dismissed