RE WELL PERFECT HOLDINGS LTD.

HCCW 596/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES WINDING-UP PROCEEDINGS NO. 596 OF 2001

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J U D G M E N T

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1. In this petition, a judgment was entered against the Company in April 1999. A statutory demand was served in March 2001 and the petition was presented in June 2001. However, it has since transpired that in August 2000 the Company had already been struck off the Companies Register. Therefore, the Company has not appeared in these proceedings.

2. Under s.291(6)(b) of the Companies Ordinance, the Court can still wind up a company which has been struck off. However, the procedure appears to be that there should first be an application to restore the company to the register before proceeding with the petition to wind it up.

3. However, according to counsel for the Petitioner today, the Petitioner is happy for the petition to be withdrawn. There ought not to be any order as to costs because, as I have said, the Company has already been dissolved. The only costs would be the costs of the Official Receiver. Accordingly, I would strike out the petition with no order as to costs save that the Official Receiver's costs agreed at $6,500 be deducted from the deposit.