Re The Incorporated Owners of Wah Kai Industrial Centre, Texaco Road

Re The Incorporated Owners of Wah Kai Industrial Centre, Texaco Road

The Lands Tribunal has jurisdiction to hear and determine winding-up petitions and to make winding-up orders in respect of corporations registered under the Building Management Ordinance; the Secretary for Home Affairs (the Authority) has locus to present such a petition; and upon a winding-up order the Official Receiver becomes provisional liquidator under Companies Ordinance section 194(1)(a) until a liquidator is appointed.

Citation
Re The Incorporated Owners of Wah Kai Industrial Centre, Texaco Road
Parties
Petitioner: Secretary for Home Affairs; Corporation/respondent: The Incorporated Owners of Wah Kai Industrial Centre; Interested Party/provisional Liquidator: Official Receiver
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
29 August 2002
Case Number
LDBM572/2001
Procedural Posture
Winding Up Petition Under the Building Management Ordinance and the Companies Ordinance / Decision Issued
Outcome
Tribunal finds it has jurisdiction; Petitioner has locus; Official Receiver will act as provisional liquidator if winding-up order is made.
Legal Topics
Winding Up, Jurisdiction, Locus Standi, Appointment of Liquidator
Source Language
EN
Building Management Company Law Land Law Winding Up Jurisdiction Locus Standi Appointment of Liquidator

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Parties

Secretary for Home Affairs

Petitioner

The Incorporated Owners of Wah Kai Industrial Centre

Corporation/respondent

Official Receiver

Interested Party/provisional Liquidator

Procedural Posture

Winding Up Petition Under the Building Management Ordinance and the Companies Ordinance / Decision Issued

Legal Issues

  1. 1 Whether the Lands Tribunal has jurisdiction to wind up a corporation registered under the BMO
  2. 2 Whether the Secretary for Home Affairs (the Authority) has locus to present the winding-up petition
  3. 3 Who shall act as provisional liquidator or liquidator if a winding-up order is made

Ratio Decidendi

The Lands Tribunal has jurisdiction to hear and determine winding-up petitions and to make winding-up orders in respect of corporations registered under the Building Management Ordinance; the Secretary for Home Affairs (the Authority) has locus to present such a petition; and upon a winding-up order the Official Receiver becomes provisional liquidator under Companies Ordinance section 194(1)(a) until a liquidator is appointed.

Court Disposition

Tribunal finds it has jurisdiction; Petitioner has locus; Official Receiver will act as provisional liquidator if winding-up order is made.

Orders

  • The Lands Tribunal has jurisdiction to wind up the Corporation registered under the BMO.
  • The Petitioner (the Authority) has locus to present the winding-up petition.