RE EVER HARMONY ENTERPRISES LTD

RE EVER HARMONY ENTERPRISES LTD

The Company failed to file opposing evidence within the time fixed by rule 32 and has not shown good reason to allow late evidence without the usual condition of paying the petitioning debt into court; the proposed affidavit was inadmissible and the Company cannot demonstrate a bona fide dispute on substantial...

Source-derived case information.

Citation
[2025] HKCFI 3351
Parties
Petitioner: Jovial Paradise Limited; Company: Ever Harmony Enterprises Limited (永鴻企業有限公司); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 July 2025
Case Number
HCCW172/2025
Procedural Posture
Companies (winding Up) Petition / Petition Hearing and Judgment
Outcome
Winding up order made against Ever Harmony Enterprises Limited; summons for leave to file affidavit in opposition dismissed
Legal Topics
Winding Up, Statutory Demand, Default Judgment, Exclusive Jurisdiction Clause, Security for Costs, Leave to Adduce Evidence, Forum Non Conveniens, Setting Aside Judgment
Source Language
en
Company Law Insolvency Civil Procedure Contract Law Winding Up Statutory Demand Default Judgment Exclusive Jurisdiction Clause +4 more

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Parties

Jovial Paradise Limited

Petitioner

Ever Harmony Enterprises Limited (永鴻企業有限公司)

Company

Official Receiver

Official Receiver

Procedural Posture

Companies (winding Up) Petition / Petition Hearing and Judgment

Legal Issues

  1. 1 Whether leave should be granted to adduce out‑of‑time affidavit in opposition to winding up petition
  2. 2 Whether there is a bona fide dispute on substantial grounds to resist the petition
  3. 3 Whether the court should go behind a final judgment obtained by default

Ratio Decidendi

The Company failed to file opposing evidence within the time fixed by rule 32 and has not shown good reason to allow late evidence without the usual condition of paying the petitioning debt into court; the proposed affidavit was inadmissible and the Company cannot demonstrate a bona fide dispute on substantial grounds to rebut the prima facie indebtedness established by the unpaid Final Judgment and statutory demand; accordingly a winding up order was justified and the Company’s summons for leave to file the affidavit was dismissed.

Court Disposition

Winding up order made against Ever Harmony Enterprises Limited; summons for leave to file affidavit in opposition dismissed

Orders

  • Winding up order made against Ever Harmony Enterprises Limited (usual winding up order)
  • Summons for leave to file an affidavit in opposition to the petition dismissed