15 Nov 2019
The petitioning debt was established by contemporaneous documentary evidence (signed purchase orders, delivery notes stamped/signed by respondent, invoices and emails); there are no bona fide disputes on substantial grounds, therefore the winding‑up petition succeeds and the summary procedure was appropriate.
29 Apr 2013
The Debtor had no genuine dispute about the petitioning debt because the statutory demand and underlying judgment remained intact, the issues raised were already decided by Barma J and are barred by res judicata, there were no special circumstances to permit review of the earlier judgment, and the additional valuation reports were available earlier and were irrelevant or unpersuasive; accordingly a bankruptcy order was appropriate.
22 Jul 2008
The petition succeeds because the Bank demonstrated an enforceable and substantial debt supported by the Hong Kong judgment and detailed calculations; the Civil Mediation Decision did not operate to extinguish or freeze interest or preclude the Bank from enforcing the judgment; the Bank lawfully appropriated payments and only obtained legal title to part of the Set-off Properties later so the Company’s calculations are incorrect; the assigned cross-claim was not shown to be a genuine defence to the winding-up petition.
21 Feb 2005
Where a petitioning creditor proves an undisputed debt which was the subject of a demand and the company fails to appear or dispute the debt, the court will make an order to wind up the company; accordingly the petition was allowed and the company ordered wound up.
13 Oct 2003
Because the petitioning debt was undisputed and there were no reasonable grounds to believe repayment would occur within a short time, the court refused the adjournment and made a winding-up order against the Company.
18 Nov 2002
The petition was dismissed because the court was not persuaded the petition was brought for an improper collateral purpose and the petitioning debt, although paid after presentation, justified dismissal of the petition with an order that the Company pay the petitioners' costs to be taxed if not agreed.