The Official Receiver v. Ip Karl Chikar and Another

Read the full judgment text of HCMP 262/2020 on BabelCite. This High Court CFI judgment was delivered on 16 July 2020.

1. I am in no doubt that the extension of time sought in the Originating Summons before the court is justified.

Case No.HCMP 262/2020[2020] HKCFI 1684
Court
High Court CFI
Date16 Jul 2020
Judge
Case Document
100%Judiciary

HCMP 262/2020

[2020] HKCFI 1684

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 262 OF 2020

___________________

  IN THE MATTER OF LKK HOLDINGS LIMITED (IN LIQUIDATION)
 

AND

  IN THE MATTER OF SECTION 168I(2) OF THE COMPANIES (WINDING UP AND MISCELLANEOUS PROVISIONS) ORDINANCE (CHAPTER 32)

__________________

BETWEEN    
  THE OFFICIAL RECEIVER Applicant
  AND
  IP KARL CHIKAR 1st Respondent
  LAI WING KAY WICKY 2nd Respondent

______________________

Before: Hon Anthony Chan J in Court
Date of Hearing: 16 July 2020
Date of Decision: 16 July 2020

_________________

D E C I S I O N

_________________

1.I am in no doubt that the extension of time sought in the Originating Summons before the court is justified.

2.Both of the Respondents had stated in their Acknowledgment of Service that they did not intend to contest these proceedings.

3.The extension of time is necessitated by the General Adjournment put in place recently due to public health concern.

4.The evidence is that the intended s 168 H proceedings would have been issued in the absence of such adjournment.

5.I am satisfied that there are merits in the intended proceedings.  The delay is relatively short and I see no relevant prejudice to the Respondents in granting the relief sought.

6.Save that the extension of time should be confined to 1 month, I grant an order in terms of the Originating Summons filed on 13 March 2020 pursuant to O 28, r 4(1).

(Anthony Chan)
Judge of the Court of First Instance
High Court

Miss Mabel Kwan of the Official Receiver’s Office, for the Applicant

The 1st Respondent was not represented and did not appear

The 2nd Respondent was not represented and did not appear