SAMLANE DEVELOPMENT LTD

SAMLANE DEVELOPMENT LTD

Petitioner proved the debt and service of demand; the company failed to establish a bona fide defence, did not specify the correct disputed amount, sought an adjournment without adequate justification and failed to appear; therefore the court exercised its discretion to wind up the company and ordered costs to be paid from the company's assets.

Citation
SAMLANE DEVELOPMENT LTD
Parties
Petitioner: Pacific Technology Limited; Respondent: Samlane Development Limited; Supporting Creditor: Supporting Creditor (unnamed employee); Director (deponent): Ng Kar Ki Robert
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2006
Case Number
HCCW278/2006
Procedural Posture
Companies (winding Up) / Hearing and Judgment Winding Up Order Made
Outcome
Order made to wind up Samlane Development Limited.
Legal Topics
Winding Up, Creditor's Petition, Debt Recovery, Company Inability to Pay
Source Language
EN
Company Law Insolvency Law Winding Up Creditor's Petition Debt Recovery Company Inability to Pay

Case Brief

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Parties

Pacific Technology Limited

Petitioner

Samlane Development Limited

Respondent

Supporting Creditor (unnamed employee)

Supporting Creditor

Ng Kar Ki Robert

Director (deponent)

Procedural Posture

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

Legal Issues

  1. 1 Whether the petitioning debt of HK$658,420.19 was due and payable
  2. 2 Whether the company had a bona fide defence or grounds to oppose the winding up petition
  3. 3 Whether the court should exercise its discretion to wind up the company

Ratio Decidendi

Petitioner proved the debt and service of demand; the company failed to establish a bona fide defence, did not specify the correct disputed amount, sought an adjournment without adequate justification and failed to appear; therefore the court exercised its discretion to wind up the company and ordered costs to be paid from the company's assets.

Court Disposition

Order made to wind up Samlane Development Limited.

Orders

  • Company to be wound up by the Court
  • Petitioner's costs and the supporting creditor's costs to be paid out of the Company's assets