RE ALOHA TRADING LTD

RE ALOHA TRADING LTD

The court exercised its discretion to grant a one month extension to file an affirmation because the respondents demonstrated a genuine dispute and counsel unavailability caused by an ongoing long trial that only settled shortly before the hearing; the delay caused little prejudice given the age of the debts, but...

Source-derived case information.

Citation
RE ALOHA TRADING LTD
Parties
Petitioner: Petitioner; Company (respondent): Fook Luk Sau Trading Company Limited; Company (respondent): Aloha Trading Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 1979
Case Number
HCCW10/1979
Procedural Posture
Companies (winding Up) / Application for Extension of Time to File Affirmation in Opposition and Adjournment of Petitions
Outcome
Extension of time granted; petitions adjourned; costs of adjournment ordered to petitioner; leave to appeal granted to petitioner
Legal Topics
Winding Up, Adjournment, Extension of Time, Costs, Leave to Appeal
Source Language
en
Company Law Insolvency Civil Procedure Winding Up Adjournment Extension of Time Costs Leave to Appeal

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Parties

Petitioner

Petitioner

Fook Luk Sau Trading Company Limited

Company (respondent)

Aloha Trading Limited

Company (respondent)

Procedural Posture

Companies (winding Up) / Application for Extension of Time to File Affirmation in Opposition and Adjournment of Petitions

Legal Issues

  1. 1 Whether to grant extension of time to file affirmation in opposition to winding up petitions
  2. 2 Whether to adjourn the petitions to enable hearing on merits
  3. 3 Who should bear costs of the adjournment

Ratio Decidendi

The court exercised its discretion to grant a one month extension to file an affirmation because the respondents demonstrated a genuine dispute and counsel unavailability caused by an ongoing long trial that only settled shortly before the hearing; the delay caused little prejudice given the age of the debts, but the respondents must pay the full costs of the adjournment. Leave to appeal was granted.

Court Disposition

Extension of time granted; petitions adjourned; costs of adjournment ordered to petitioner; leave to appeal granted to petitioner

Orders

  • Leave to file affirmation in opposition to Petitions Nos. 9 and 10 of 1979 within one month from today
  • Leave to Petitioners to file affidavit in reply, if necessary, within two weeks thereafter