Re Asia 1 Commercial System Co. Ltd.

HCCW 98/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES WINDING-UP PROCEEDINGS NO. 98 OF 2000

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J U D G M E N T

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1. This is a petition for the winding-up of a company called Asia 1 Commercial System Company Limited.

2. The Petition is based upon a Labour Tribunal award made in September 1999 in the sum of a little more than $18,000.00. According to the Petition, apart from the said sum which is owed to the Petitioner, the Company is also indebted to ten other employees in the aggregate sum of $190,000.00 together with costs and interest. The Statutory Demand was served in December 1999 and was not satisfied.

3. The Petition was presented in January 2000. On 3 April 2000, the then Companies Judge, Le Pichon J ordered that the respondent company have leave to apply to appeal out of time against the Labour Tribunal award, and that if the application is made, the Petition be restored to the first Monday after the substantive determination of the appeal.

4. The substantive appeal of the respondent company was dismissed by To Dep. J. in August 2001.

5. At this restored hearing of the Petition, notice of which was served on the Company, no one has appeared on behalf of the Company. There has been no affidavit filed on behalf of the Company and there are no supporting or opposing creditors.

6. In the circumstances, I will make the usual winding-up order, and I would also order that the costs which were reserved on 3 April 2000 by Le Pichon J be to the Petitioner.