RE CHINA GREENFRESH GROUP CO, LTD (“the Company”)

RE CHINA GREENFRESH GROUP CO, LTD (“the Company”)

HCCW 83/2020 was adjourned for directions and evidence on restructuring; HCCW 187/2020 was ordered removed from the court file with no order as to costs due to extenuating circumstances; HCCW 213/2020 was dismissed but no order as to costs was made because the solicitors on both sides conducted the matter in a sufficiently muddled way to justify no costs order.

Citation
[2021] HKCFI 1257
Parties
Petitioner: Petitioner (HCCW 213/2020); Petitioner: Petitioner (HCCW 83/2020); Petitioner: Petitioner (HCCW 187/2020); Company / Respondent: China Greenfresh Group Co, Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 April 2021
Case Number
HCCW83/2020
Procedural Posture
Companies Winding Up Proceedings / Directions Hearing and Disposal (adjournment, Dismissal and Removal Orders)
Outcome
Adjournment of HCCW 83/2020 for directions and evidence; removal of HCCW 187/2020 from the court file with no order as to costs; dismissal of HCCW 213/2020 with no order as to costs.
Legal Topics
Winding Up Petitions, Dismissal Vs Removal of Proceedings, Case Management Directions, Costs Allocation
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Petitions Dismissal Vs Removal of Proceedings Case Management Directions Costs Allocation

Case Brief

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Parties

Petitioner (HCCW 213/2020)

Petitioner

Petitioner (HCCW 83/2020)

Petitioner

Petitioner (HCCW 187/2020)

Petitioner

China Greenfresh Group Co, Ltd

Company / Respondent

Procedural Posture

Companies Winding Up Proceedings / Directions Hearing and Disposal (adjournment, Dismissal and Removal Orders)

Legal Issues

  1. 1 Whether petitions should be adjourned, dismissed or removed from the court file
  2. 2 Whether a petition issued subsequent to an earlier petition should be struck out or removed
  3. 3 Allocation of costs where multiple petitions and solicitor conduct is confused

Ratio Decidendi

HCCW 83/2020 was adjourned for directions and evidence on restructuring; HCCW 187/2020 was ordered removed from the court file with no order as to costs due to extenuating circumstances; HCCW 213/2020 was dismissed but no order as to costs was made because the solicitors on both sides conducted the matter in a sufficiently muddled way to justify no costs order.

Court Disposition

Adjournment of HCCW 83/2020 for directions and evidence; removal of HCCW 187/2020 from the court file with no order as to costs; dismissal of HCCW 213/2020 with no order as to costs.

Orders

  • HCCW 83/2020 adjourned to 26 July 2021 at 9:30am before the Companies Judge
  • The Company have leave to file and serve affidavit evidence dealing with progress of restructuring by 5:00pm on 12 July 2021