Re Prohen Chemicals Co. Ltd.

HCCW000032/1995

HCCW 32/1995

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 32 OF 1995

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IN THE MATTER of the Companies Ordinance Cap. 32 and IN THE MATTER of Prohen Chemicals Company Limited

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Coram: Hon Yuen J in Court

Date of Hearing: 12 March 2001

Date of Judgment: 12 March 2001

 

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J U D G M E N T

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1. This petition was presented in 1995 pursuant to a purported arbitration award given in favour of the Petitioner against the Company in 1994.

2. In March 1995, Rogers J (as he then was) gave directions for the filing of evidence. There was a procedural defence raised by the Company in April 1995 and from then on, there were no steps taken by either the Petitioner or the Company until the Petitioner's solicitors made an application to this Court to cease to act in November 2000. An order was made to that effect in February 2001.

3. Thereafter the petition has been restored for hearing by the Official Receiver. I note that the Court has notified the Petitioner of the hearing today by way of a Notice of Hearing issued on 28 February 2001 sent to the registered office of the Petitioner in Mainland China.

4. The Petitioner has not appeared today. Accordingly, I would dismiss the petition and make an order that the Official Receiver's costs of $8,300.00 be deducted from the deposit.

5. The Company will have the costs of the petition.

 

 

 

Representation:

Mr Jose Maurellet, instructed by Deacons, for the Company

Miss Teresa Wong, from the Official Receiver's Office

Petitioner, Sinochem Ninbo Chemical Import & Export Company (Absent)