Yu Yining v. Hmvod Ltd

HCCW 356/2025

[2025] HKCFI 4115

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES WINDING-UP PROCEEDINGS NO 356 OF 2025

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D E C I S I O N

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1.I have before me a petition to wind up the Company relying on an unpaid judgment of DHCJ MK Liu which was the basis for the Petitioner issuing a statutory demand on 6 March 2025.

2.On 5 March 2025 an application was made by the Company to DHCJ MK Liu to stay his judgment pending an appeal which has been issued. DHCJ MK Liu issued his decision on 11 June 2025 dismissing that application.

3.The Company issued an application on 13 August 2025 to file evidence in opposition. I will adjourn the petition in accordance with directions which I set out below.

4.One of the reasons for doing this is in order to allow the parties to research whether or not there is any appellate authority guiding the Companies Court on how it should approach an application to adjourn a petition pending an appeal when a stay has already been refused in the High Court proceedings which resulted in the judgment relied on by a petitioner to prove insolvency.

5.The directions are:

(1)  If the Company pays into Court HK$2 million by 8 September 2025, the petition be adjourned to 9:30am on 22 September2025 before the Companies Judge.

(2)  If the Company fails to pay HK$2 million into Court by 8 September 2025, the petition is to be re-listed before the Companies Judge at 9:30am on 15 September 2025 and the Company be wound up on that day.

(3)  If the Company pays HK$2 million into Court by 8 September 2025, it may apply for leave to file the 2^nd affirmation of Ko Chi Kiu Robert dated 20 August 2025 in opposition to the petition.

(4)  Liberty to apply.

(5)  Costs reserved.

Ms Winky Wong, instructed by Yick & Chan, for the Petitioner

Mr Charlie Liu, instructed by Lee Law Firm, for the Company

Ms R Leung, of the Official Receiver