7 Jun 1999
LEE TING LUN TIMOTHY v. OCEAN PALANCE RESTAURANT AND NIGHTCLUB LTD. AND OTHERS
- Citation
- LEE TING LUN TIMOTHY v. OCEAN PALANCE RESTAURANT AND NIGHTCLUB LTD. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCW351/1999
On a strike-out application the court must assume the petitioner's factual allegations to be true; the petitioner had an arguable beneficial interest through entities (Surplus Gain) sufficient to qualify as a member for s.168A purposes and, in any event, as a contributory has locus to present a winding-up petition; the respondents failed to show a plain and obvious case for striking out or that the petition was an abuse of process, therefore the strike-out application must be dismissed and the alternative winding-up relief and provisional liquidator application must proceed.