24 Jan 2022
RE FIRST OCEAN FINANCIAL HOLDINGS CO LTD
- Citation
- [2022] HKCFI 331
- Court
- Court of First Instance
- Case number
- HCCW345/2021
Order 35 rule 2 does not apply to winding-up proceedings because the RHC rules are excluded except where the Ordinance/CWUR make no provision; rule 210 cannot import Order 35 r2 here; s.209 is the appropriate statutory route to end a winding-up order; in any event the summons was out of time, the delay was unjustified and the Company failed to demonstrate a bona fide dispute on substantial grounds, so the application to set aside or vary the winding-up order is dismissed and costs are awarded on an indemnity basis against the contributory.