RE NUO RUI INVESTMENTS LTD

HCCW 88/2022

[2023] HKCFI 3142

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES WINDING-UP PROCEEDINGS NO 88 OF 20

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D E C I S I O N

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1.  I have before me a summons dated 26 October 2023 issued by the liquidators of the Company seeking an order pursuant to section 209A of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap 32. That the winding up of the Company be conducted as a creditors’ voluntary winding up.

2.  The reason for the application is conventional.  The Company’s contributories and the liquidators agree that there is no need for the liquidation to continue as a compulsory liquidation and that given the amount of the receivables, which are in excess of HK$300 million, it makes sense for the liquidation to continue as a creditors’ voluntary winding up in order to reduce the ad valorem fees that would otherwise be payable to the Official Receiver’s Office.

3.  The Official Receiver has written to the court indicating that she is neutral in respect of the application.  I will, therefore, make an order in the terms sought which include an order that the liquidators continue the joint and several liquidators of the Company and the costs of the application including the costs of the Official Receiver be paid out of the asset of the Company.