|
HCCW 270/2019
[2020] HKCFI 3151
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
COMPANIES WINDING‑UP PROCEEDINGS NO 270 OF 2019
________________
| |
IN THE MATTER of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) |
| |
and |
| |
IN THE MATTER of Allen International Holdings Limited （亞倫國際控股有限公司） |
________________
| Before: |
Hon Harris J in Court |
| Date of Hearing: |
21 December 2020 |
| Date of Decision: |
21 December 2020 |
________________
D E C I S I O N
________________
1. On 10 September 2019, this petition was issued for the winding up of the Company on the grounds of insolvency. The debt relied on by the Petitioner is not disputed. The petition has been adjourned on four occasions in order to give the Company the opportunity to try and restructure its debts, and agree some form of settlement with the Petitioner. I understand that partial repayment of the debt owed to the Petitioner has been made.
2. However, there is still an outstanding sum of approximately HK$1.5 million. The Petitioner’s patience has worn thin and they take the view that in the absence of any concrete proposal for further payment of the debt due to it, the Company should be wound up.
3. I do not have any evidence before me filed by the Company other than the affirmation filed in January of this year. In the circumstances, it seems to me that the appropriate course is to grant the Petitioner’s request and make the normal winding up order, which I do.
|
(Jonathan Harris)
Judge of the Court of First Instance
High Court |
Ms Karen Chan, instructed by Tony Kan & Co, for the petitioner
Mr Taylor L K Li, instructed by Patrick Chu, Conti Wong Lawyers LLP, for the respondent and the opposing creditor
Mr Brian Chok, instructed by Official Receiver’s Office, for the Official Receiver
|