Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Winding‑up by the court

  • 12 Jul 2004

    RE KING TEAM DEVELOPMENT LTD

    Citation
    RE KING TEAM DEVELOPMENT LTD
    Court
    Court of First Instance
    Case number
    HCCW450/2004

    Where a company has been struck off the register under s.291(6) Cap.32, the court has the power to restore its name to the register under O.102 r.5(1)(i) and thereafter wind the company up; absent any opposition and with the Registrar's lack of objection, restoration and winding‑up should be ordered and costs paid from the companies' assets.

    • Restoration to register
    • Winding‑up by the court
    • Striking off
    • Bona vacantia
    • Court costs

  • 1 Nov 1991

    RE PINEWOOD MARINE CO. LTD.

    Citation
    RE PINEWOOD MARINE CO. LTD.
    Court
    Court of Appeal
    Case number
    CACV94/1991

    The Master acted without jurisdiction because s.180A(1) restricts the Registrar's power to unopposed petitions only; an opposed petition must be heard by a judge in open court under r.5(1)(a), therefore the Master's winding-up order was void and must be set aside, with liberty for the company to file oppositions if the petition is persisted in.

    • Winding-up by the court
    • Statutory demand
    • Jurisdiction of registrar vs judge
    • Companies ordinance s.180a
    • Procedure for opposed petitions