|
HCCW 618/2005
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
COMPANIES (WINDING-UP) NO. 618 OF 2005
----------------------
| |
IN THE MATTER of HONG KONG JEWELLERY CO. LIMITED (香港珠寶有限公司) |
| |
and |
| |
IN THE MATTER of the Companies Ordinance, Cap. 32 |
----------------------
Before: Hon Kwan J in Chambers
Date of Hearing: 17 July 2008
Date of Decision: 17 July 2008
----------------------
D E C I S I O N
----------------------
1. This is an application made by Mr Sau Wai Kwan, a shareholder and former director of Hong Kong Jewellery Company Limited (“the Company”) under section 209 of the Companies Ordinance, Cap. 32. Mr Sau seeks an order that the winding-up proceedings of the Company be stayed permanently.
2. The Company was incorporated in 2000 and had been carrying on the business of jewellery trading since incorporation. On 5 October 2005, a winding-up order was made against the Company on the petition of a creditor in respect of a debt of $60,000.00.
3. Mr Sau seeks an order to stay the winding-up proceedings permanently so that the Company may continue to carry on business. He has adduced evidence to satisfy this court that all the debts and liabilities of the Company have now been discharged.
4. Only two proofs of debts have been submitted so far, by the petitioning creditor and the Mandatory Provident Fund Schemes Authority. These liabilities have been paid by Mr Sau in February 2008. Further, Mr Sau has duly paid the liquidators all the costs of the liquidators in this liquidation as confirmed by the receipt of the liquidators.
5. The liquidators filed a Form D2 (Final) indicating that they are not aware of any matters which would require them to make a report under section 168I(3). They stated that no irregularities were found in relation to the affairs of the Company. The Official Receiver confirmed by letter on 30 June 2008 he has no objection to the present application. The petitioning creditor and the liquidators also confirmed they have no objection.
6. This is an appropriate case for the court to exercise its discretion to stay the winding-up proceedings permanently. I grant the relief sought in the summons and make no order as to the costs of today.
| |
(S. Kwan)
Judge of the Court of First Instance
High Court |
Messrs Christine M. Koo & Yip, for the Petitioner, attendance excused
Mr Kenneth Chik, instructed by Messrs Liau, Ho & Chan, for the Applicant
Mr Pui Chiu Wing, a joint & several liquidator, present
The Official Receiver, attendance excused
|