RE WINFILL BUILD CONSTRUCTION ENGINEERING LTD

RE WINFILL BUILD CONSTRUCTION ENGINEERING LTD

Given the evidence that the Company is trading, has sufficient funds in the frozen Designated Accounts to meet the Total Liabilities, has identified creditors and undertook to pay outstanding employee debts and to file audited accounts, the court was satisfied the Company is solvent and that a validation order would be beneficial; the validation order was therefore granted conditional on payment of specified debts within 14 days and filing audited financial statements within 56 business days.

Citation
[2025] HKCFI 4359
Parties
Applicant / Debtor Company: Winfill Build Construction Engineering Limited (偉發營造工程有限公司); Petitioner / Creditor: Hui Ying Chiu; Interested Creditor / Board: Protection of Wages on Insolvency Fund Board; Bank Holding Designated Accounts: OCBC (Hong Kong) Limited; Sole Shareholder and Director of the Company: Cheung Wai Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2025
Case Number
HCCW290/2025
Procedural Posture
Companies (winding Up) Proceedings (validation Order Application) / Application for Validation Order Under Section 182 Cap 32; Hearing and Decision in Chambers
Outcome
Validation order granted subject to undertakings
Legal Topics
Validation Order, Winding Up Petition, Preferential Debts, Labour Tribunal Awards, Protection of Wages on Insolvency Fund, Section 182 Companies (wump) Ordinance
Source Language
EN
Company Law Insolvency Employment Law Validation Order Winding Up Petition Preferential Debts Labour Tribunal Awards Protection of Wages on Insolvency Fund +1 more

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Parties

Winfill Build Construction Engineering Limited (偉發營造工程有限公司)

Applicant / Debtor Company

Hui Ying Chiu

Petitioner / Creditor

Protection of Wages on Insolvency Fund Board

Interested Creditor / Board

OCBC (Hong Kong) Limited

Bank Holding Designated Accounts

Cheung Wai Man

Sole Shareholder and Director of the Company

Procedural Posture

Companies (winding Up) Proceedings (validation Order Application) / Application for Validation Order Under Section 182 Cap 32; Hearing and Decision in Chambers

Legal Issues

  1. 1 Whether a validation order under section 182 should be granted
  2. 2 Whether the Company is solvent
  3. 3 Whether payment of petitioning debt and other employee debts will avoid preferential debt problems

Ratio Decidendi

Given the evidence that the Company is trading, has sufficient funds in the frozen Designated Accounts to meet the Total Liabilities, has identified creditors and undertook to pay outstanding employee debts and to file audited accounts, the court was satisfied the Company is solvent and that a validation order would be beneficial; the validation order was therefore granted conditional on payment of specified debts within 14 days and filing audited financial statements within 56 business days.

Court Disposition

Validation order granted subject to undertakings

Orders

  • Validation order pursuant to section 182 Cap 32 granted conditional on the Company’s undertakings
  • Repayment of the petitioning debt to the Labour Tribunal and repayment of the Petitioner’s legal expenses to Messrs. Sit, Fung, Kwong & Shum as set out in the Schedule to be made within 14 days from service of the Order