RE HELTECH (GROUP) LTD
The company was shown to owe multiple enforceable Labour Tribunal awards, a demand was served, the company failed to pay or reach an acceptable settlement and could not improve its offer after adjournment, and supporting creditors backed the petition; accordingly the court ordered the company wound up and directed...
Source-derived case information.
- Citation
- RE HELTECH (GROUP) LTD
- Parties
- Petitioner: Wong Man Sang; Company/respondent: Heltech (Group) Limited; Supporting Creditor: Lai Sai Ming; Supporting Creditor: Ng Wang Shun; Official Receiver: Official Receiver
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 3 October 2005
- Case Number
- HCCW567/2005
- Procedural Posture
- Companies (winding Up) No. 567 of 2005 / Winding Up Petition Hearing — Order Made
- Outcome
- Order made to wind up Heltech (Group) Limited
- Legal Topics
- Winding Up, Creditor's Petition, Labour Tribunal Awards, Court Costs Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wong Man Sang
Petitioner
Heltech (Group) Limited
Company/respondent
Lai Sai Ming
Supporting Creditor
Ng Wang Shun
Supporting Creditor
Official Receiver
Official Receiver
Procedural Posture
Companies (winding Up) No. 567 of 2005 / Winding Up Petition Hearing — Order Made
Legal Issues
- 1 Whether the company is unable to pay its debts and should be wound up
- 2 Whether Labour Tribunal awards constitute provable debts for winding-up
- 3 Whether the petitioner's costs and supporting creditors' costs should be paid out of company assets
Ratio Decidendi
The company was shown to owe multiple enforceable Labour Tribunal awards, a demand was served, the company failed to pay or reach an acceptable settlement and could not improve its offer after adjournment, and supporting creditors backed the petition; accordingly the court ordered the company wound up and directed that the petitioner's costs and one set of supporting creditors' costs be paid from company assets.
Court Disposition
Order made to wind up Heltech (Group) Limited
Orders
- Order to wind up Heltech (Group) Limited
- Petitioner's costs and one set of costs for the supporting creditors to be paid out of the company's assets
Full Case Text
Judgment text and source record
1 paragraphs
bjbj HCCW 567/2005 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE COMPANIES (WINDING-UP) NO. 567 OF 2005 ____________ IN THE MATTER of HELTECH (GROUP) LIMITED and IN THE MATTER of the Companies Ordinance, Chapter 32 ____________ Before: Hon Kwan J in Court Date of Hearing: 3 October 2005 Date of Judgment: 3 October 2005 _______________ J U D G M E N T _______________ This petition is presented against Heltech (Group) Limited ( the Company ) by its former employee Wong Man Sang based on a Labour Tribunal award of HK$27,984.20 with interest obtained on 29 December 2004. The Company is also indebted to another employee in the sum of HK$14,116.66 with interest being an award obtained in the Labour Tribunal on 17 November 2004. A demand for the petitioner s debt and for the debt of that other employee was served on the Company on 2 March 2005. Subsequent thereto it was learnt that the Company was also indebted to 7 other employees in respect of Labour Tribunal awards made on 14 January 2005, 2 March 2005 and 14 April 2005. The total sum involved is in the region of HK$488,000.00 odd. The petition was adjourned on 26 September 2005 for 7 days to enable the Company to come up with a revised proposal for settlement. I am informed by counsel for the Company that the Company is unable to improve its offer to the petitioner which has been rejected. Two employees have given notice of intention to appear and to support this petition. In the circumstances, I make an order to wind up the Company. The petitioner s costs and one set of costs for the supporting creditors will be paid out of the Company s assets. (S Kwan) Judge of the Court of First Instance High Court Mr Joseph Lo, of the Legal Aid Department, for the Petitioner Ms Choi Sze Man, Choice, instructed by Messrs Hastings & Co., for the Company Supporting Creditors, Mr Lai Sai Ming and Ng Wang Shun, appearing in person Miss Anne Chow for the Official Receiver PAGE - A B C D E F G 1udk 1udk i$&`G setup HCCW.dot setup Microsoft Word 9.0 Judiciary Hong Kong Title Microsoft Word Document MSWordDoc Word.Document.8