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HCCW000043/2001
HCCW 43/2001
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
COMPANIES (WINDING-UP) PROCEEDINGS NO. 43 OF 2001
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IN THE MATTER of Companies Ordinance, Chapter 32
and
IN THE MATTER of Hop Kai Timber Co., Limited
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Coram: Hon Yuen J in Court
Date of Hearing: 21 May 2001
Date of Judgment: 21 May 2001
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J U D G M E N T
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1. This is an application by way of a petition based on a judgment debt given by the Labour Tribunal in May 2000. The Labour Tribunal award was made by consent.
2. On the first occasion when this matter came before me, a director of the Company Mr Yu sought to say that he would be able to repay this judgment debt by way of instalments. However, nothing has come to pass in this regard.
3. It is clear that a judgment debt should be honoured and in fact in this case, the Company has been given more than one opportunity to deal with this matter. It would appear that what the Company had done was to have applied for review from the Labour Tribunal but that had been refused. No appeal was made.
4. Accordingly, the Company has lost its opportunity to seek to set aside the Labour Tribunal award. I was asked this morning to reopen the Labour Tribunal case which, of course, is not within the purview of the Companies Court on a winding-up application.
5. Accordingly, I see no reason why I should exercise my discretion against making the usual winding-up order and I so order.
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(MARIA YUEN) |
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Judge of the Court of First Instance
High Court |
Representation:
Ms Pauline Lo, from Legal Aid Department, for the Petitioner
Company not represented (no leave granted)
Mr J Glen, from the Official Receiver's Office
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