Case Detail

HCCW000369/2002

HCCW 369/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 369 OF 2002

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	IN THE MATTER of WAI CHUN CONSTRUCTION CO., LIMITED

	AND

	IN THE MATTER of the Companies Ordinance, Cap. 32

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Coram: Hon Kwan J in Court

Date of Hearing: 29 July 2002

Date of Judgment: 29 July 2002

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J U D G M E N T

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1. This petition to wind up the company is presented by a former employee of the company based on an award obtained in the Labour Tribunal on 27 April 2000. The amount awarded is in the sum of HK$84,460.36 with interest thereon. No payment was made by the company pursuant to the award.

2. On 10 November 2001, a statutory demand was served by the Director of Legal Aid on behalf of the employee by leaving this at the registered office of the company. The petition herein was presented on 4 April 2002.

3. When the matter first came before me on 8 July 2002, I was given to understand that the debt is not disputed by the company. The company merely asked for a further opportunity to make payment. On that basis, I adjourned the petition for 21 days to today.

4. I am told by Ms Fung who appeared for the company that no payment has been made as yet but the company is making every effort to obtain the money and it is expected that the funds would be received within today. On that basis, I make a winding-up order against the company with the proviso that the order is to lie in the court file and it would not be drawn up within 7 days. If no payment is made by the company to the Director of Legal Aid within that time, the winding-up order would be drawn up and it would become effective. If payment is made within 7 days, the parties may apply by consent summons to dispose of the petition and their attendance will be dispensed with.

5. I also order that the petitioner's costs are to be borne by the company in any event, to be taxed if not agreed.

	(S Kwan)
	Judge of the Court of First Instance
	High Court

Representation:

Ms Lo of the Legal Aid Department, for the Petitioner

Ms Annie Fung, instructed by Messrs Tai & Co., for the Company

Ms P McKenna, for the Official Receiver

RE WAI CHUN CONSTRUCTION CO., LTD.