Re Allen International Holdings Ltd

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

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D E C I S I O N

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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.

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