RE TUNG FUNG HONG FORWARDING AGENTS LTD

RE TUNG FUNG HONG FORWARDING AGENTS LTD

The court holds that Section 178(a) requires strict compliance with its service provisions to produce the statutory deeming effect; therefore the petition must plead and demonstrate the precise mode of service of the statutory demand and the permissible modes are limited to those identified by the court.

Citation
RE TUNG FUNG HONG FORWARDING AGENTS LTD
Parties
Petitioner: Gomme Investment Co. Ltd.; Respondent (company): Tung Fung Hong Forwarding Agents Ltd.; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 July 1984
Case Number
HCCW174/1984
Procedural Posture
Companies Winding Up (creditors' Petition) / Ruling on Service Requirements of Statutory Demand
Outcome
Ruling that strict compliance with Section 178(a) is required and that the petition must set out the details of the mode of service of the statutory demand.
Legal Topics
Statutory Demand, Service of Process, Deeming Provision Under Statutory Demand, Strict Compliance
Source Language
EN
Company Law Insolvency Law Civil Procedure Statutory Demand Service of Process Deeming Provision Under Statutory Demand Strict Compliance

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Parties

Gomme Investment Co. Ltd.

Petitioner

Tung Fung Hong Forwarding Agents Ltd.

Respondent (company)

Official Receiver

Official Receiver

Procedural Posture

Companies Winding Up (creditors' Petition) / Ruling on Service Requirements of Statutory Demand

Legal Issues

  1. 1 Whether a statutory demand under Section 178(a) Companies Ordinance must be served strictly at the registered office to invoke the deeming provision
  2. 2 What modes of service satisfy Section 178(a)
  3. 3 Whether the petition must plead the mode of service of the demand

Ratio Decidendi

The court holds that Section 178(a) requires strict compliance with its service provisions to produce the statutory deeming effect; therefore the petition must plead and demonstrate the precise mode of service of the statutory demand and the permissible modes are limited to those identified by the court.

Court Disposition

Ruling that strict compliance with Section 178(a) is required and that the petition must set out the details of the mode of service of the statutory demand.

Orders

  • Petitioners must specify in the petition the details and mode of service of the statutory demand under Section 178(a).
  • Court will follow Australian authorities requiring strict compliance with analogous statutory demand provisions.