Hong Kong Case Law: Decisions & Judgments

Topic

Winding-up orders

Legal area

Court

18 Dec 2017

THE JAPAN SHIP OWNERS\' MUTUAL PROTECTION & INDEMNITY ASSOCIATION v. PARAMOUNTA LIBERTY SHIPPING (HK) LTD

Citation

THE JAPAN SHIP OWNERS\' MUTUAL PROTECTION & INDEMNITY ASSOCIATION v. PARAMOUNTA LIBERTY SHIPPING (HK) LTD
Court

Court of First Instance
Case number

HCCW301/2017

Because the respondent filed no affidavit evidence, made no payment into court, failed to substantiate grounds for adjournment (debt contingency or impact of unrelated arbitration), and petitioner had shown service and non-compliance with the statutory demand, the court followed Re Sun Sang Kong Yuen and made a winding-up order.
14 Aug 2017

RE ROCK RESOURCE LTD

Citation

RE ROCK RESOURCE LTD
Court

Court of First Instance
Case number

HCCW149/2016

Because the vast majority of the costs were incurred before the winding-up order and the liquidators, once appointed, examined the papers and elected not to adopt the petition, the court held those costs payable by the Petitioner to the Company but only as an unsecured debt; the court ordered the costs of the hearing before the judge to be paid by the Company to the Petitioner and assessed the Official Receiver's costs at HK$5,300 to be paid from the Petitioner's deposit.
27 Sept 2013

CHAN KAM CHEUNG v. SUN LIGHT ELASTIC LTD AND ANOTHER

Citation

CHAN KAM CHEUNG v. SUN LIGHT ELASTIC LTD AND ANOTHER
Court

Court of First Instance
Case number

HCCW302/2012

On the evidence before the court and assuming the petitioner's factual allegations, the alternative prayer for a winding-up order had no realistic prospect of success because the petitioner failed to state particular reasons why winding-up might be necessary, not all shareholders were joined, and there was an available alternative remedy under s168A; accordingly the winding-up prayer is struck out, the petition is stayed pending mediation with liberty to apply to lift the stay, and costs directions are given.
20 Sept 2004

RE Y.K. ENGINEERING & PILING LTD

Citation

RE Y.K. ENGINEERING & PILING LTD
Court

Court of First Instance
Case number

HCCW674/2004

The court held that material procedural irregularities in the creditors' voluntary liquidation process (insufficient notice to members for the special resolution and failure to give postal notice to creditors simultaneously with the general meeting as required by s241(1)) rendered the voluntary liquidation invalid; therefore it could not be relied on to oppose the winding-up petition, and the petition was granted to wind up the company.
27 Nov 1982

RE GOLDMANN COMMODITIES (HK) LTD

Citation

RE GOLDMANN COMMODITIES (HK) LTD
Court

Court of First Instance
Case number

HCCW45/1981

The court held that three directors (Choi Lup Tung, Yeung Ki Yuen and Wong Kin Man) had not established reasonable excuses for failing to submit or verify the Statement of Affairs and therefore fines and mandatory orders to submit and verify within six months were appropriate; one director (Wong Wai Man) had made out a reasonable excuse and was exempted from fines and costs orders. The obligation to assist in preparing a Statement of Affairs survives resignation where directors had access or involvement and they must show they did their reasonable best to obtain materials before claiming impo…

Hong Kong Case Law

THE JAPAN SHIP OWNERS\' MUTUAL PROTECTION & INDEMNITY ASSOCIATION v. PARAMOUNTA LIBERTY SHIPPING (HK) LTD

RE ROCK RESOURCE LTD

CHAN KAM CHEUNG v. SUN LIGHT ELASTIC LTD AND ANOTHER

RE Y.K. ENGINEERING & PILING LTD

RE GOLDMANN COMMODITIES (HK) LTD