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Re Jade City International Films Ltd

Read the full judgment text of HCCW 1132/2003 on BabelCite. This High Court CFI judgment was delivered on 8 December 2003.

1. This is a petition to wind up Jade City International Films Limited ("the Company") presented by the Bank of China (Hong Kong) Limited.

Case No.HCCW 1132/2003
Court
High Court CFI
Date08 Dec 2003
Judge—
Case Document
100%Judiciary

HCCW001132/2003

HCCW 1132/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 1132 OF 2003

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IN THE MATTER of JADE CITY INTERNATIONAL FILMS LIMITED

AND

IN THE MATTER of the Companies Ordinance, Cap. 32

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Coram: Hon Kwan J in Court

Date of Hearing: 8 December 2003

Date of Judgment: 8 December 2003

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J U D G M E N T

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1.This is a petition to wind up Jade City International Films Limited ("the Company") presented by the Bank of China (Hong Kong) Limited.

2.The petition is found on the judgment debt obtained in HCMP No. 4198 of 1999 on 20 October 1999. As at 15 July 2003, the debt owed to the petitioner amounted to HK$2,375,965.25 with interest.

3.A demand for the debt was served on 1 August 2003 and the petition herein was presented on 8 October 2003.

4.At the first hearing of the petition before a Master, the Company was represented by one of its directors, Mr Yeung Koon Wah. As no leave to represent the Company had been obtained, the procedure for doing so was explained by the Master to Mr Yeung.

5.The Company has not filed any evidence in opposition to the petition notwithstanding that Mr Yeung had indicated before the Master that the petition would be opposed.

6.On 6 December 2003, Mr Yeung sought leave to represent the Company but his application was dismissed by Registrar Chan who took the view that there are no merits of the Company in opposing the petition and that there was no or no satisfactory evidence before him as to the financial position of the Company as no accounts have been prepared since April 1998.

7.The Company is absent at the hearing today. As there is a judgment debt in favour of the petitioner and there are no grounds in opposition, I make a winding-up order against the Company. I order that the petitioner's costs are to be paid out of the Company's assets.

(S Kwan)
Judge of the Court of First Instance
High Court

Representation:

Mr Jeremy Chan, instructed by Messrs Chu & Lau, for the Petitioner

The Company: Jade City International Films Limited, absent

Miss Vivian Yeung for the Official Receiver