RE PROJECT GLOBAL LTD

RE PROJECT GLOBAL LTD

Service at the address recorded in the Companies Registry was effective; the Company demonstrated bona fide disputes on substantial grounds across multiple invoice categories requiring adjudication; the petition therefore could not proceed and must be struck out.

Citation
RE PROJECT GLOBAL LTD
Parties
Petitioner: Energy World International Ltd.; Respondent (company): Project Global Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 2005
Case Number
HCCW1070/2003
Procedural Posture
Companies Winding Up / Summons to Strike Out Petition (chambers Hearing)
Outcome
Petition struck out.
Legal Topics
Statutory Demand, Winding Up Petition, Service of Documents, Bona Fide Dispute, Set Off/cross Claim
Source Language
EN
Company Law Insolvency Contract Law Civil Procedure Statutory Demand Winding Up Petition Service of Documents Bona Fide Dispute +1 more

Case Brief

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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Energy World International Ltd.

Petitioner

Project Global Limited

Respondent (company)

Procedural Posture

Companies Winding Up / Summons to Strike Out Petition (chambers Hearing)

Legal Issues

  1. 1 Whether the statutory demand and petition were properly served under Companies Ordinance s327 and Winding-up Rules r25
  2. 2 Whether the debt claimed is bona fide disputed on substantial grounds
  3. 3 Whether the Company has a genuine cross-claim/set-off sufficient to defeat the petition

Ratio Decidendi

Service at the address recorded in the Companies Registry was effective; the Company demonstrated bona fide disputes on substantial grounds across multiple invoice categories requiring adjudication; the petition therefore could not proceed and must be struck out.

Court Disposition

Petition struck out.

Orders

  • Petition struck out
  • Costs order nisi: Petitioner to pay the Company\'s costs of the petition and the application with certificate for two counsel