Re Hop Kai Timber Co., Ltd.
Read the full judgment text of HCCW 43/2001 on BabelCite. This High Court CFI judgment was delivered on 21 May 2001.
1. This is an application by way of a petition based on a judgment debt given by the Labour Tribunal in May 2000. The Labour Tribunal award was made by consent.
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HCCW000043/2001 HCCW 43/2001 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE COMPANIES (WINDING-UP) PROCEEDINGS NO. 43 OF 2001 ____________
____________ Coram: Hon Yuen J in Court Date of Hearing: 21 May 2001 Date of Judgment: 21 May 2001 _______________ J U D G M E N T _______________ 1. This is an application by way of a petition based on a judgment debt given by the Labour Tribunal in May 2000. The Labour Tribunal award was made by consent. 2. On the first occasion when this matter came before me, a director of the Company Mr Yu sought to say that he would be able to repay this judgment debt by way of instalments. However, nothing has come to pass in this regard. 3. It is clear that a judgment debt should be honoured and in fact in this case, the Company has been given more than one opportunity to deal with this matter. It would appear that what the Company had done was to have applied for review from the Labour Tribunal but that had been refused. No appeal was made. 4. Accordingly, the Company has lost its opportunity to seek to set aside the Labour Tribunal award. I was asked this morning to reopen the Labour Tribunal case which, of course, is not within the purview of the Companies Court on a winding-up application. 5. Accordingly, I see no reason why I should exercise my discretion against making the usual winding-up order and I so order.
Representation: Ms Pauline Lo, from Legal Aid Department, for the Petitioner Company not represented (no leave granted) Mr J Glen, from the Official Receiver's Office |