RE GLOBALINK TECHNOLOGY DEVELOPMENT LTD

RE GLOBALINK TECHNOLOGY DEVELOPMENT LTD

The petition was dismissed because the Company discharged its onus by raising a bona fide dispute on substantial grounds about the identity of the contracting party and the amount of the debt; such disputes must be resolved in ordinary civil proceedings and do not justify winding up the Company.

Citation
RE GLOBALINK TECHNOLOGY DEVELOPMENT LTD
Parties
Petitioner: Wang Hwa Shan; Company/respondent: Globalink Technology Development Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 February 2008
Case Number
HCCW670/2006
Procedural Posture
Creditor's Petition (winding Up) / Judgment at Hearing
Outcome
Petition dismissed
Legal Topics
Winding Up, Statutory Demand, Disputed Debt, Identity of Contracting Party, Costs
Source Language
EN
Company Law Insolvency Contract Winding Up Statutory Demand Disputed Debt Identity of Contracting Party Costs

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Parties

Wang Hwa Shan

Petitioner

Globalink Technology Development Limited

Company/respondent

Official Receiver

Official Receiver

Procedural Posture

Creditor's Petition (winding Up) / Judgment at Hearing

Legal Issues

  1. 1 Whether the Company is indebted to the petitioner under the claimed oral contract
  2. 2 Whether the Company or a third party (Mr Ting/Kit Sung) was the contracting party
  3. 3 Whether there is a bona fide dispute on substantial grounds precluding winding up

Ratio Decidendi

The petition was dismissed because the Company discharged its onus by raising a bona fide dispute on substantial grounds about the identity of the contracting party and the amount of the debt; such disputes must be resolved in ordinary civil proceedings and do not justify winding up the Company.

Court Disposition

Petition dismissed

Orders

  • No order as to costs up to 27 February 2007 except Official Receiver's costs to be paid out of the petitioner's deposit
  • Petitioner to pay the Company's costs incurred after 27 February 2007 on a party and party basis, to be taxed by a Master in the event of dispute