RE G & G HONG KONG LTD

RE G & G HONG KONG LTD

The court ordered winding up because a debt evidenced by a Labour Tribunal award remained unpaid after demand and after adjournments and warnings, and the company failed to appear and pay the reduced award, thus meeting the statutory ground for compulsory winding up under the Companies Ordinance.

Citation
RE G & G HONG KONG LTD
Parties
Petitioner: Cheng Kwok Lam; Company: G & G Hong Kong Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 December 2004
Case Number
HCCW817/2004
Procedural Posture
Companies (winding Up) / Order for Winding Up
Outcome
Company ordered to be wound up by the court
Legal Topics
Winding Up, Labour Tribunal Award, Creditor Petition
Source Language
EN
Company Law Insolvency Employment Law Winding Up Labour Tribunal Award Creditor Petition

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Parties

Cheng Kwok Lam

Petitioner

G & G Hong Kong Limited

Company

Official Receiver

Official Receiver

Procedural Posture

Companies (winding Up) / Order for Winding Up

Legal Issues

  1. 1 whether a creditor petition based on an unpaid Labour Tribunal award justifies winding up
  2. 2 whether reduction of the Labour Tribunal award affected entitlement to wind up
  3. 3 effect of the company's non-appearance and non-payment

Ratio Decidendi

The court ordered winding up because a debt evidenced by a Labour Tribunal award remained unpaid after demand and after adjournments and warnings, and the company failed to appear and pay the reduced award, thus meeting the statutory ground for compulsory winding up under the Companies Ordinance.

Court Disposition

Company ordered to be wound up by the court

Orders

  • Order that G & G Hong Kong Limited be wound up
  • Petitioner’s costs to be paid out of the Company’s assets