RE CHINA GREENFRESH GROUP CO, LTD

RE CHINA GREENFRESH GROUP CO, LTD

Where a subsequent winding-up petition is clearly improperly presented the court should dismiss it; where there are extenuating circumstances the court should order removal from the court file. Costs are to be determined by the court's discretion having regard to the conduct of the parties and their solicitors; muddled conduct may justify no order as to costs. Applying these principles: HCCW 83/2020 adjourned with directions; HCCW 187/2020 removed from the court file with no order as to costs; HCCW 213/2020 dismissed with no order as to costs.

Citation
[2021] HKCFI 1257
Parties
Petitioner: Petitioner (HCCW 213/2020); Petitioner: Petitioner (HCCW 83/2020); Petitioner: Petitioner (HCCW 187/2020); Respondent (company): China Greenfresh Group Co, Ltd; Supporting Creditor: Michael Li & Co; Supporting Creditor: Chan & Ho; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 April 2021
Case Number
HCCW213/2020
Procedural Posture
Companies Winding Up Proceedings / Heard Together; Directions Hearing and Decision on Dismissal/removal of Subsequent Petitions; Adjournment to 26 July 2021 for Petition HCCW 83/2020
Outcome
HCCW 83/2020 adjourned with directions; HCCW 187/2020 removed from court file with no order as to costs; HCCW 213/2020 dismissed with no order as to costs.
Legal Topics
Winding Up Petitions, Dismissal and Removal of Subsequent Petitions, Costs Orders, Case Management and Directions
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Petitions Dismissal and Removal of Subsequent Petitions Costs Orders Case Management and Directions

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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

Respondent (company)

Michael Li & Co

Supporting Creditor

Chan & Ho

Supporting Creditor

Official Receiver

Official Receiver

Procedural Posture

Companies Winding Up Proceedings / Heard Together; Directions Hearing and Decision on Dismissal/removal of Subsequent Petitions; Adjournment to 26 July 2021 for Petition HCCW 83/2020

Legal Issues

  1. 1 Whether subsequent winding-up petitions that should not have been issued should be dismissed or removed from the court file
  2. 2 What orders as to costs are appropriate where multiple solicitors' conduct is muddled
  3. 3 What procedural directions should be given for progress of restructuring and affidavit evidence

Ratio Decidendi

Where a subsequent winding-up petition is clearly improperly presented the court should dismiss it; where there are extenuating circumstances the court should order removal from the court file. Costs are to be determined by the court's discretion having regard to the conduct of the parties and their solicitors; muddled conduct may justify no order as to costs. Applying these principles: HCCW 83/2020 adjourned with directions; HCCW 187/2020 removed from the court file with no order as to costs; HCCW 213/2020 dismissed with no order as to costs.

Court Disposition

HCCW 83/2020 adjourned with directions; HCCW 187/2020 removed from court file with no order as to costs; HCCW 213/2020 dismissed with no order as to costs.

Orders

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