RE H12 (HK) LTD

RE H12 (HK) LTD

Petitioner proved the Salary Claim with supporting documents and the Company failed to show a bona fide dispute on substantial grounds in respect of that claim; therefore Petitioner is a creditor entitled to present the petition. The Company admitted insolvency by its own pleaded position and facts; no reason existed to allow the Company to continue as a going concern. A winding-up order was appropriate and made, with costs to be taxed and paid out of the Company's assets.

Citation
[2021] HKCFI 1836
Parties
Petitioner (creditor): Walter Junger; Respondent (company): H12 (HK) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 June 2021
Case Number
HCCW92/2020
Procedural Posture
Winding Up Petition / Judgment (court of First Instance)
Outcome
Winding-up order made against H12 (HK) Limited
Legal Topics
Statutory Demand, Bona Fide Dispute, Winding Up, Directors Duties, Remuneration, Duomatic Principle
Source Language
EN
Company Law Insolvency Employment Law Civil Procedure Statutory Demand Bona Fide Dispute Winding Up Directors Duties +2 more

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Parties

Walter Junger

Petitioner (creditor)

H12 (HK) Limited

Respondent (company)

Procedural Posture

Winding Up Petition / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether petitioner is a creditor entitled to present a winding-up petition
  2. 2 Whether there is a bona fide dispute on substantial grounds in respect of the statutory demand debt
  3. 3 Whether the Company is insolvent and thus liable to be wound up

Ratio Decidendi

Petitioner proved the Salary Claim with supporting documents and the Company failed to show a bona fide dispute on substantial grounds in respect of that claim; therefore Petitioner is a creditor entitled to present the petition. The Company admitted insolvency by its own pleaded position and facts; no reason existed to allow the Company to continue as a going concern. A winding-up order was appropriate and made, with costs to be taxed and paid out of the Company's assets.

Court Disposition

Winding-up order made against H12 (HK) Limited

Orders

  • Winding-up order against H12 (HK) Limited
  • Costs order nisi that costs of and occasioned by the Petition, including costs of the Official Receiver, be taxed and paid out of the assets of the Company