Re Soo & Edmund Co. Ltd.

Re Soo & Edmund Co. Ltd.

The company gave no valid explanation for failing to apply to set aside the default judgment obtained after proper service at its registered office; having been afforded an opportunity to apply and having failed to do so, the court refused further indulgence and made a winding-up order for failure to pay the judgment debt.

Citation
Re Soo & Edmund Co. Ltd.
Parties
Company (respondent): Soo & Edmund Co. Ltd; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 April 2000
Case Number
HCCW35/2000
Procedural Posture
Winding Up Petition Under Companies Ordinance / Final Hearing and Order Made
Outcome
Winding-up order made
Legal Topics
Winding Up, Service of Process, Default Judgment, Setting Aside Judgment, Statutory Demand
Source Language
EN
Company Law Insolvency Civil Procedure Judgment Enforcement Winding Up Service of Process Default Judgment Setting Aside Judgment +1 more

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Parties

Soo & Edmund Co. Ltd

Company (respondent)

Official Receiver

Official Receiver

Procedural Posture

Winding Up Petition Under Companies Ordinance / Final Hearing and Order Made

Legal Issues

  1. 1 Whether the default judgment should be set aside out of time
  2. 2 Whether service at the company's registered office was valid
  3. 3 Whether the court should exercise its discretion to grant further adjournment or relief

Ratio Decidendi

The company gave no valid explanation for failing to apply to set aside the default judgment obtained after proper service at its registered office; having been afforded an opportunity to apply and having failed to do so, the court refused further indulgence and made a winding-up order for failure to pay the judgment debt.

Court Disposition

Winding-up order made

Orders

  • Winding-up order made against Soo & Edmund Co. Ltd