Re Bigwin Aluminium Investment Co. Ltd.
Read the full judgment text of HCCW 661/2002 on BabelCite. This High Court CFI judgment was delivered on 11 November 2002.
1. This petition is presented by a former employee of Bigwin Aluminium Investment Company Limited ("the Company") based on an award for arrears of wages made in favour of the petitioner by the Labour Tribunal on 10 September 2001. The amount awarded to the petitioner is HK$136,406.80. In addition, the Labour Tribunal in the same award also ordered the Company to pay to another employee arrears of wages in the sum of HK$66,115.30. That other debt has also not been paid.
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HCCW000661/2002 HCCW 661/2002 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE COMPANIES (WINDING-UP) NO. 661 OF 2002 ____________
____________ Coram: Hon Kwan J in Court Date of Hearing: 11 November 2002 Date of Judgment: 11 November 2002 _______________ J U D G M E N T _______________ 1.This petition is presented by a former employee of Bigwin Aluminium Investment Company Limited ("the Company") based on an award for arrears of wages made in favour of the petitioner by the Labour Tribunal on 10 September 2001. The amount awarded to the petitioner is HK$136,406.80. In addition, the Labour Tribunal in the same award also ordered the Company to pay to another employee arrears of wages in the sum of HK$66,115.30. That other debt has also not been paid. 2.On 31 January 2002, the petitioner served a demand by leaving this at the registered office of the Company, the petition herein was presented on 21 June 2002. When the petition first came before me on 16 September 2002, the Company sought an adjournment for two months. I was told by the parties that the Company had agreed to pay the debts owed to the petitioner and to the other employee in one lump sum on or before 6 November 2002. Accordingly, I adjourned the petition to today. 3.At the hearing today, I understand from the petitioner that no payment has been made to the petitioner or to the other employee. The Company sought a further adjournment of six weeks on the ground that the Company has found a potential investor who has expressed willingness to invest HK$10,000,000.00 into the Company and this potential investor is studying the accounts of the Company. No evidence has been placed before the court relating to the intention of the potential investor to make investment and counsel for the Company cannot confirm if any letter of intent has been signed or whether the potential investor has knowledge of the winding-up proceedings. 4.In the circumstances, I am not prepared to grant any further adjournment to the Company. The debt in question is not in dispute and it is clear that the Company is unable to pay its debts. I therefore make a winding-up order against the Company and I order that the costs of this petition be paid out of the Company's assets.
Representation: Ms K M Lee, of the Director of Legal Aid, for the Petitioner Ms Lau Chih Wai Lorinda, instructed by Messrs Richard Tai & Co., for the Company Ms P McKenna, for the Official Receiver |