RE WELL PERFECT HOLDINGS LTD.

RE WELL PERFECT HOLDINGS LTD.

The company had been struck off and effectively dissolved; the petitioner agreed to withdraw the petition; the court struck out the petition with no order as to costs against the dissolved company, except that the Official Receiver's agreed costs of $6,500 were to be deducted from the deposit.

Citation
RE WELL PERFECT HOLDINGS LTD.
Parties
Petitioner: Petitioner; Company: Well Perfect Holdings Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 September 2001
Case Number
HCCW596/2001
Procedural Posture
Companies Winding Up Proceedings / Hearing and Judgment on Winding Up Petition (petition Struck Out)
Outcome
Petition struck out
Legal Topics
Winding Up, Struck Off Companies, Restoration to Register, Statutory Demand, Costs
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Struck Off Companies Restoration to Register Statutory Demand Costs

Case Brief

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Parties

Petitioner

Petitioner

Well Perfect Holdings Limited

Company

Official Receiver

Official Receiver

Procedural Posture

Companies Winding Up Proceedings / Hearing and Judgment on Winding Up Petition (petition Struck Out)

Legal Issues

  1. 1 Whether the court may wind up a company struck off the register
  2. 2 Whether a struck-off company must be restored to the register before winding-up proceedings proceed
  3. 3 Whether the petition should be struck out or withdrawn

Ratio Decidendi

The company had been struck off and effectively dissolved; the petitioner agreed to withdraw the petition; the court struck out the petition with no order as to costs against the dissolved company, except that the Official Receiver's agreed costs of $6,500 were to be deducted from the deposit.

Court Disposition

Petition struck out

Orders

  • Petition struck out
  • No order as to costs save that the Official Receiver\'s agreed costs of $6,500 be deducted from the deposit