Re Hop Kai Timber Co., Ltd.

Re Hop Kai Timber Co., Ltd.

The court granted the winding-up order because the company failed to satisfy a valid Labour Tribunal judgment debt, the company had been given multiple opportunities, review of the Labour Tribunal decision was refused and no appeal was taken, and the director's unfulfilled promise to pay by instalments did not justify withholding the usual winding-up order.

Citation
Re Hop Kai Timber Co., Ltd.
Parties
Petitioner: Petitioner; Respondent (company): Hop Kai Timber Co., Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2001
Case Number
HCCW43/2001
Procedural Posture
Companies (winding Up) Proceedings No. 43 of 2001 / Hearing on Winding Up Petition
Outcome
Winding-up order made against Hop Kai Timber Co., Limited
Legal Topics
Winding Up, Judgment Debt, Labour Tribunal Award, Court Discretion, Jurisdictional Limits
Source Language
EN
Companies Law Insolvency Labour Law Winding Up Judgment Debt Labour Tribunal Award Court Discretion Jurisdictional Limits

Case Brief

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Parties

Petitioner

Petitioner

Hop Kai Timber Co., Limited

Respondent (company)

Official Receiver

Official Receiver

Procedural Posture

Companies (winding Up) Proceedings No. 43 of 2001 / Hearing on Winding Up Petition

Legal Issues

  1. 1 Whether the company should be wound up for failure to satisfy a Labour Tribunal judgment debt
  2. 2 Whether the court should exercise its discretion against making a winding-up order given the director's offer to pay by instalments
  3. 3 Whether the Companies Court can reopen or review a Labour Tribunal decision

Ratio Decidendi

The court granted the winding-up order because the company failed to satisfy a valid Labour Tribunal judgment debt, the company had been given multiple opportunities, review of the Labour Tribunal decision was refused and no appeal was taken, and the director's unfulfilled promise to pay by instalments did not justify withholding the usual winding-up order.

Court Disposition

Winding-up order made against Hop Kai Timber Co., Limited

Orders

  • Winding-up order made against Hop Kai Timber Co., Limited