Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Winding-up by the court

Legal area

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.
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.