CHENG YIN HUNG v. CHOW HUNG FU AND OTHERS

CHENG YIN HUNG v. CHOW HUNG FU AND OTHERS

The petitioner abandoned the s.168A claim and proceeded only under s.177(1)(f); the respondents expressly consented to winding up on the basis that the relationship had irretrievably broken down; accordingly the court exercised its statutory power under s.177(1)(f) to order the winding up of Wintax Company Limited and, because the winding-up order made further discovery unnecessary, revoked the prior discovery order under RHC Ord.24 r.17.

Citation
CHENG YIN HUNG v. CHOW HUNG FU AND OTHERS
Parties
Petitioner: Cheng Yin Hung; 1st Respondent: Chow Hung Fu; 2nd Respondent: Chiu Chui Ping; 3rd Respondent: Wintax Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 2007
Case Number
HCCW279/2006
Procedural Posture
Companies Winding Up Proceedings / Judgment (winding Up Order Made)
Outcome
Winding-up order made against Wintax Company Limited; order for further discovery revoked.
Legal Topics
Winding Up, Section 177(1)(f), Section 168 a, Discovery
Source Language
EN
Company Law Insolvency Civil Procedure Winding Up Section 177(1)(f) Section 168 a Discovery

Case Brief

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Parties

Cheng Yin Hung

Petitioner

Chow Hung Fu

1st Respondent

Chiu Chui Ping

2nd Respondent

Wintax Company Limited

3rd Respondent

Procedural Posture

Companies Winding Up Proceedings / Judgment (winding Up Order Made)

Legal Issues

  1. 1 Whether Wintax Company Limited should be wound up under s.177(1)(f) of the Companies Ordinance
  2. 2 Whether the earlier order for further discovery should be maintained or revoked

Ratio Decidendi

The petitioner abandoned the s.168A claim and proceeded only under s.177(1)(f); the respondents expressly consented to winding up on the basis that the relationship had irretrievably broken down; accordingly the court exercised its statutory power under s.177(1)(f) to order the winding up of Wintax Company Limited and, because the winding-up order made further discovery unnecessary, revoked the prior discovery order under RHC Ord.24 r.17.

Court Disposition

Winding-up order made against Wintax Company Limited; order for further discovery revoked.

Orders

  • Wintax Company Limited to be wound up pursuant to s.177(1)(f) Companies Ordinance
  • Order dated 24 January 2007 for further discovery revoked pursuant to RHC Ord.24 r.17