ACTION NO. 854 OF 2015
Kindly note that the following corrections in the Decision handed down by Deputy High Court Judge Kent Yee on 17 May 2016:
1. Page 1, paragraph 1 and line R, “…for damages for malicious prosecution in its wind-up petition…” should read as “…for damages for malicious prosecution in its winding-up petition …”.
2. Page 2, paragraph 4 and line N, “NIS is a PRC company and GNR is locally incorporated.” should read as “NIS is a PRC company and GNR was locally incorporated.”.
3. Page 4, paragraph 9 and line G, “…US$1,198,668.32 (“the Outstanding Sum”) remaining.” should read as “…US$1,198,668.32 (“the Outstanding Sum”) unpaid.”.
4. Page 4, paragraph 11 and line L, “… the Companies (Winding Up and Miscellaneous Provisions) Ordinance demanding…” should read as “… the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“the Ordinance”) demanding …”.
5. Page 5, paragraph 14 and line D, “…or around 26 March 2016…” should read as “…or around 26 March 2015 …”.
6. Page 6, paragraph 18 and line E, “… would also suffer detrimental effect due to the Winding-up Proceedings.” should read as “… would suffer detrimental effect due to the Winding-up Proceedings”.
7. Page 6, paragraph 19 and line G, “…anxiety and incur expenses…” should read as “…anxiety and incurred expenses…”.
8. Page 6, paragraph 21 and line M, “…24 April 2014…” should read as “…24 April 2015…”.
9. Page 6, paragraph 21 and line P, “…were capable of terminating in favour …” should read as “…were “capable of terminating” (sic) in favour…”.
10. Page 7, paragraph 23 and line E, “…to remind myself that the following principles…” should read as “…to remind myself of the following principles…”.
11. Page 9, paragraph 33 and line M, “Being the petitioner for Winding-up Proceedings…Mr Fung accepts the first…” should read as “Being the petitioner in the Winding-up Proceedings…Mr Fung accepts that the first…”.
12. Page 10, paragraph 37 and line L, “…117(1)(d) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“the Ordinance”).” should read as “…117(1)(d) of the Ordinance”.
13. Page 11, paragraph 43 and line P, “…a genuine belief of the insolvency…” should read as “…a genuine belief in the insolvency…”.
14. Page 13, paragraph 50 and line P, “… the Varied Payment Schedule had been purported made…” should read as “… the Varied Payment Schedule had been purportedly made …”.
15. Page 13, paragraph 50 and line R, “…complaint about the presentation of the petition…” should read as “…complaint about NIS’s presentation of the petition …”.
16. Page 14, paragraph 52 and line G, “…its proposed the Varied Payment Schedule…” should read as “…its proposed Varied Payment Schedule…”.
17. Page 14, paragraph 52 and line J, “Thus, in the absence of the acceptance…” should read as “Thus, in the absence of any acceptance…”.
18. Page 16, paragraph 60 and line H “…including deletion of objectionable parts…” should read as “…including deletion of such objectionable parts…”.
19. Page 17, paragraph 62 and line C “…Amendment Summons be to GNR in any event…” should read as “…Amendment Summons be to NIS in any event…”.
Dated this 7 July 2016.