30 May 2023
RE SIMPLICITY & VOGUE RETAILING (HK) CO LTD
- Citation
- [2023] HKCFI 1443
- Court
- Court of First Instance
- Case number
- HCCW457/2022
Winding-up order was appropriate because the Company failed to comply with rule 32(1) and the court's conditional leave requiring payment of the petitioning debt into court; the discharge argument based on variation was rejected because the Guarantee expressly excluded discharge by variation; the arbitration clauses did not bar the winding-up where the Company had taken no steps to commence arbitration and its asserted defenses lacked credible supporting evidence and amounted to delay or abuse of process.