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HCCW 66/2021
[2021] HKCFI 2133
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
COMPANIES WINDING-UP PROCEEDINGS NO 66 OF 2021
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IN THE MATTER OF Carnival Group International Holdings Limited |
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and |
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IN THE MATTER OF section 177(1)(d) and 178(1)(a) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) |
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| BETWEEN |
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RELIANCE CREDIT LIMITED
(formerly known as ASSET BRIDGE DEVELOPMENT LIMITED) |
Petitioner |
and |
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CARNIVAL GROUP INTERNATIONL HOLDINGS LIMITED |
Respondent |
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Before: Hon Harris J in Court
Date of Hearing: 19 July 2021
Date of Decision: 19 July 2021
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D E C I S I O N
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1. The present petition was issued on 10 February 2021 seeking the winding up of the Company on the grounds of insolvency. At the time it was issued, there was already an existing petition against the Company. For the reasons explained in my decision in Re Grand Peace Group Holdings Limited[1], the present petition should not have been issued.
2. I understand that the Petitioner was informed of the earlier petition and that it needed to address the procedural irregularity as early as February. It has failed to do so. In the circumstances the appropriate course is to dismiss the petition and order that the Petitioner pays the Company’s costs along with those of the Officer Receiver.
3. I would note in passing, although this is not a matter that I have to address that the petition is in any event demurrable. The Company is incorporated in Bermuda and no facts or matters appear in the petition demonstrating how the three core requirements are satisfied.
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(Jonathan Harris)
Judge of the Court of First Instance
High Court |
Mr Damian Wong, instructed by Hobson & Ma, for the petitioner
Mr Look Chan Ho, instructed by WT Law Offices, for the respondent
Attendance of ONC Lawyers, for the supporting creditors (Zhang Jingchu), was excused
Attendance of Clyde & Co., for the supporting creditors (Credit Suisse AG), was excused
Attendance of Chiu, Szeto & Cheng, for the supporting creditors (Zhang Yan), was excused
Mr Raymond Kong, instructed by Official Receiver’s Office, for the Official Receiver
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