CHENG YIN HUNG v. CHOW HUNG FU AND OTHERS

Date of Hearing: 5 March 2007

Date of Judgment: 5 March 2007

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J U D G M E N T

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1.  This is a petition taken out under ss. 168A and 177(1)(f), Companies Ordinance (Cap. 32). 

2.  In a letter dated 22 February 2007, the 1^st and 2^nd respondents indicated that they no longer resist the petition.  Further, in their skeleton submissions, they clarified that, while the petitioner’s allegations of wrongdoing are denied, they accept that the relationship between the parties has broken down.

3.  On that basis, they consent to the winding up of the 3^rd respondent.

4.  On the other hand, the petitioner’s skeleton submission indicates that the claim based on s. 168A is now abandoned and this petition is therefore based solely on s. 177(1)(f).

5.  In these circumstances, I consider it appropriate to grant an order for the 3^rd respondent to be wound up.

6.  As regards the order dated 24 January 2007 for further discovery, I agree with the 1^st and 2^nd respondents that, because of the making of the winding-up order, further discovery in this petition is no longer necessary.  In exercise of the power conferred by RHC Ord. 24 r. 17, that order is hereby revoked.

Ms Isabella Lam, instructed by Messrs Chan, Leung & Co, for the Petitioner

Ms Kelly Chan, instructed by Messrs Chan Wong & Lam, for the 1^st to ^3rd Respondents

Ms Vivian Yeung of Official Receiver’s Office