Case Document

100%Judiciary

HCCW000059/2004

HCCW 59/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 59 OF 2004

____________

IN THE MATTER of CENTURY GROUP LIMITED

AND

IN THE MATTER of the Companies Ordinance, Chapter 32

____________

Coram: Hon Kwan J in Court

Date of Hearing: 22 March 2004

Date of Judgment: 22 March 2004

______________

J U D G M E N T

______________

1.This is a petition to wind up Century Group Limited ("the Company") brought by Virtyre Limited. The petition is based on a debt in the total sum of HK$738,380.44 as at 23 December 2003. The debt arose out of an order for interim payment made by Deputy Judge Muttrie on 8 December 2003 in HCA No. 3235 of 2003. By that order, the Company was required to pay to the petitioner various sums on account of its use and occupation of the premises leased by the petitioner to the Company for the purpose of carrying on the business of a hair salon. The Company has made an application for a validation order and this was dismissed by Barma J on 18 March 2004.

2.At the hearing today, the Company has not appeared. Its solicitors have written to the petitioner's solicitors on 20 March 2004 stating that they have instructions from the Company that the Company would not proceed with the opposition of the petition.

3.In the circumstances, as there is no dispute of the petitioning debt, I make a winding-up order. I further order that the petitioner's costs are to be paid out of the Company's assets.