Re Nam Hing Electric Wire & Cable Manufacturing Co. Ltd.

Read the full judgment text of HCCW 1353/2001 on BabelCite. This High Court CFI judgment was delivered on 11 March 2002.

1. This is an application for a company to be wound-up on the grounds that goods had been sold and delivered to this Company and the Petitioner had not been paid for those goods.

Case No.HCCW 1353/2001
Court
High Court CFI
Date11 Mar 2002
Judge
Case Document
100%Judiciary

HCCW001353/2001

HCCW 1353/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 1353 OF 2001

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IN THE MATTER of Nam Hing Electric Wire & Cable Manufacturing Company Limited (南興電線電纜製造有限公司)

AND

IN THE MATTER of the Companies Ordinance (Chapter 32, Laws of Hong Kong)

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Coram: Hon Yuen J in Court

Date of Hearing: 11 March 2002

Date of Judgment: 11 March 2002

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J U D G M E N T

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1.This is an application for a company to be wound-up on the grounds that goods had been sold and delivered to this Company and the Petitioner had not been paid for those goods.

2.The amount of money that the Company is said to owe to the Petitioner is about $1.5 million. The statutory demand was served on 21 November 2001 and no payment was made thereafter. The petition was presented on 15 December 2001. No affidavit has been filed on behalf of the Company and no other creditors, whether supporting or opposing, have given intention of appearing today.

3.In the circumstances, as there is a presumption that the Company is unable to pay its debts, I will make the usual winding-up order.

(MARIA YUEN)
Judge of the Court of First Instance
High Court

Representation:

Mr Kennis Tai, instructed by Baker & McKenzie, for the Petitioner Company, absent

Mr J Glen from the Official Receiver's Office