RE SUNCORP INDUSTRIAL LTD
The petitioner proved the debt and evidence showed multiple claims against the company; the company failed to file evidence or appear; on that basis the court was satisfied the company was unable to pay its debts and a winding up order was appropriate.
Source-derived case information.
- Citation
- RE SUNCORP INDUSTRIAL LTD
- Parties
- Petitioner (creditor): Dongguan Santai Electrical Appliances Company Limited; Company (respondent): Suncorp Industrial Limited; Supporting Creditor: San Tai Industrial Enterprises Limited; Supporting Creditor: Dorup Limited t/a Tung Kong Electrical Company; Supporting Creditor: TFL Electronics Limited; Supporting Creditor: Unitech Battery Limited; Supporting Creditor: Charter Technology Limited t/a Hong Kong Resistors Manufactory; Official Receiver: Official Receiver
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 15 December 2008
- Case Number
- HCCW287/2008
- Procedural Posture
- Winding Up Petition / Order Made (liquidation)
- Outcome
- Winding up order made against Suncorp Industrial Limited
- Legal Topics
- Winding Up, Inability to Pay Debts, Liquidation Order, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dongguan Santai Electrical Appliances Company Limited
Petitioner (creditor)
Suncorp Industrial Limited
Company (respondent)
San Tai Industrial Enterprises Limited
Supporting Creditor
Dorup Limited t/a Tung Kong Electrical Company
Supporting Creditor
TFL Electronics Limited
Supporting Creditor
Unitech Battery Limited
Supporting Creditor
Charter Technology Limited t/a Hong Kong Resistors Manufactory
Supporting Creditor
Official Receiver
Official Receiver
Procedural Posture
Winding Up Petition / Order Made (liquidation)
Legal Issues
- 1 Whether the company is unable to pay its debts
- 2 Whether a winding up order should be made
- 3 Allocation of costs
Ratio Decidendi
The petitioner proved the debt and evidence showed multiple claims against the company; the company failed to file evidence or appear; on that basis the court was satisfied the company was unable to pay its debts and a winding up order was appropriate.
Court Disposition
Winding up order made against Suncorp Industrial Limited
Orders
- Order to wind up Suncorp Industrial Limited
- Costs of the petitioner and one set of costs for the supporting creditors to be paid out of the Company\u2019s assets
Full Case Text
Judgment text and source record
1 paragraphs
bjbj [mi gP Chapter 32 of the Laws of Hong Kong ____________ Before: Hon Kwan J in Court Date of Hearing: 15 December 2008 Date of Judgment: 15 December 2008 ______________ J U D G M E N T ______________ This is an amended petition to wind up Suncorp Industrial Limited ( the Company ) presented by a creditor, Dongguan Santai Electrical Appliances Company Limited, which was substituted as the petitioner by an order made on 27 October 2008. The Company was given leave to file evidence in opposition to the amended petition. No evidence has been filed, and the Company has not appeared today. The debt in the amended petition is in the sum of $2,274,782.00 as at 18 September 2008. A supporting creditor has appeared today with a debt of some $3.3 million odd. It would also appear from an announcement made by the parent company, Suncorp Technologies Limited, that as of the day of the announcement on 29 October 2008, there were 21 sets of legal proceedings against the Company in the courts of Hong Kong with a combined claim of over $24 million. I am satisfied that the Company is unable to pay its debts, and it should be put into liquidation. I make an order to wind up the Company. The costs of the petitioner and one set of costs for the supporting creditors are to be paid out of the Company s assets. (S Kwan) Judge of the Court of First Instance High Court Miss Grace Chow, instructed by Messrs Richards Butler, for the Petitioner and the Supporting Creditors, San Tai Industrial Enterprises Limited & Dorup Limited t/a Tung Kong Electrical Company Messrs Kennedys, for the Company, absent Messrs Tony Kan & Co, for the Supporting Creditor, TFL Electronics Limited, absent Messrs Simon C W Yung & Co, for the Supporting Creditor, Unitech Battery Limited, absent Mr Kelvin Liu, instructed by Messrs W S Szeto & Lee, for the Supporting Creditor, Charter Technology Limited t/a Hong Kong Resistors Manufactory Ms Vivian Yeung, for the Official Receiver PAGE - A B C D E F G H I J K 1udk 1udk i$&` 5<>| HCCW.dot setup Microsoft Word 9.0 E2b^ Title Microsoft Word Document MSWordDoc Word.Document.8