RE L&C LIGHTING (HK) LTD

RE L&C LIGHTING (HK) LTD

Because there was no dispute as to the indebtedness and the Company was unable to make payment, the petitioner was entitled to a winding-up order and the petition was granted; the petitioner's costs were ordered to be paid out of the Company's assets.

Citation
RE L&C LIGHTING (HK) LTD
Parties
Petitioner: The Hongkong and Shanghai Banking Corporation Limited; Respondent (company): L & C Lighting (H.K.) Limited; Official: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 December 2009
Case Number
HCCW514/2009
Procedural Posture
Companies (winding Up) No. 514 of 2009 / Final Judgment Winding Up Order
Outcome
Winding-up order made against L & C Lighting (H.K.) Limited
Legal Topics
Winding Up, Statutory Demand, Creditor's Petition, Debt Recovery, Costs
Source Language
EN
Company Law Insolvency Banking Law Winding Up Statutory Demand Creditor's Petition Debt Recovery Costs

Case Brief

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Parties

The Hongkong and Shanghai Banking Corporation Limited

Petitioner

L & C Lighting (H.K.) Limited

Respondent (company)

Official Receiver

Official

Procedural Posture

Companies (winding Up) No. 514 of 2009 / Final Judgment Winding Up Order

Legal Issues

  1. 1 Whether the Company is unable to pay its debts
  2. 2 Whether the petitioner is entitled to a winding-up order
  3. 3 Whether petitioner's costs should be paid out of the Company's assets

Ratio Decidendi

Because there was no dispute as to the indebtedness and the Company was unable to make payment, the petitioner was entitled to a winding-up order and the petition was granted; the petitioner's costs were ordered to be paid out of the Company's assets.

Court Disposition

Winding-up order made against L & C Lighting (H.K.) Limited

Orders

  • The Company to be wound up
  • The petitioner's costs to be paid out of the Company's assets