Re Nuo Rui Investments Ltd

Read the full judgment text of HCCW 88/2022 on BabelCite. This High Court CFI judgment was delivered on 22 November 2023.

1. I have before me a summons dated 26 October 2023 issued by the liquidators of the Company seeking an order pursuant to section 209A of the Companies (Winding Up and Miscellaneous Provisions) Ordinance , Cap 32. That the winding up of the Company be conducted as a creditors’ voluntary winding up.

Case No.HCCW 88/2022[2023] HKCFI 3142
Court
High Court CFI
Date22 Nov 2023
Judge
Case Document
100%Judiciary

HCCW 88/2022

[2023] HKCFI 3142

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES WINDING-UP PROCEEDINGS NO 88 OF 20

________________

 

IN THE MATTER OF Nuo Rui Investments Limited (諾睿投資有限公司)

  and
 

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

________________

Before: Hon Harris J in Chambers
Dates of Hearing: 22 November 2023
Date of Decision: 22 November 2023

_________________

D E C I S I O N

_________________

1.I have before me a summons dated 26 October 2023 issued by the liquidators of the Company seeking an order pursuant to section 209A of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap 32. That the winding up of the Company be conducted as a creditors’ voluntary winding up.

2.The reason for the application is conventional.  The Company’s contributories and the liquidators agree that there is no need for the liquidation to continue as a compulsory liquidation and that given the amount of the receivables, which are in excess of HK$300 million, it makes sense for the liquidation to continue as a creditors’ voluntary winding up in order to reduce the ad valorem fees that would otherwise be payable to the Official Receiver’s Office.

3.The Official Receiver has written to the court indicating that she is neutral in respect of the application.  I will, therefore, make an order in the terms sought which include an order that the liquidators continue the joint and several liquidators of the Company and the costs of the application including the costs of the Official Receiver be paid out of the asset of the Company.

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

Mr Kurt Ng, instructed by ONC Lawyers, for the joint and several liquidators

The attendance of the Official Receiver was excused