S & C Ltd v. Jewrim Ltd

Read the full judgment text of HCCW 433/2020 on BabelCite. This High Court CFI judgment was delivered on 19 April 2021.

1. I have before me a petition to wind up the Company issued on 17 December 2020. The Petitioner has not issued a statutory demand. The underlying debt relied on is non-payment of the full amount of a summarily assessed costs order made by Deputy High Court Judge Rachel Lam SC for HK$900,000 on 30 July 2020.

Case No.HCCW 433/2020[2021] HKCFI 1144
Court
High Court CFI
Date19 Apr 2021
Judge
Case Document
100%Judiciary

HCCW 433/2020

[2021] HKCFI 1144

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES WINDING-UP PROCEEDINGS NO 433 OF 2020

________________

  IN THE MATTER of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32)
 

and

  IN THE MATTER of Jewrim Limited

________________

BETWEEN    
  S & C LIMITED Petitioner

and

  JEWRIM LIMITED Respondent

________________

Before: Hon Harris J in Court

Date of Hearing: 19 April 2021

Date of Decision: 19 April 2021

________________

D E C I S I O N

________________

1.I have before me a petition to wind up the Company issued on 17 December 2020. The Petitioner has not issued a statutory demand. The underlying debt relied on is non-payment of the full amount of a summarily assessed costs order made by Deputy High Court Judge Rachel Lam SC for HK$900,000 on 30 July 2020.

2.I allow a late application to file the evidence of Mr Filippovskikh Rimma in opposition.  The affirmation seems to acknowledge that the Company is not in a position to immediately pay the outstanding amount.  In [11], however, there is a payment proposal.

3.I will adjourn the Petition until Monday 17 May 2021.  I do so on the basis that unless the first instalment is paid in full by 5pm on 12 May 2021, the Company should expect to be wound up on 17 May 2021.

(Jonathan Harris)
Judge of the Court of First Instance
High Court

Mr Johnathan H Y Tsang, instructed by Haldanes, for the petitioner

Ms Sakinah Sat, instructed by Tanner De Witt, for the respondent

Mr Raymond Kong, instructed by the Official Receiver’s Office, for the Official Receiver