Re Capisces Investment Ltd

Read the full judgment text of HCCW 816/2004 on BabelCite. This High Court CFI judgment was delivered on 6 September 2004.

1. This is a petition presented against Capisces Investment Limited ("the Company") by Madam Chan Ching Fong. The petitioner is a former employee of the Company. She obtained an award from the Labour Tribunal against the Company on 5 December 2003 and the award was amended on 21 January 2004. By the award as amended, the Company is required to pay the petitioner HK$44,860.00. A demand for the debt was served on the Company on 1 June 2004 and the petition herein was presented on 28 July 2004.

Case No.HCCW 816/2004
Court
High Court CFI
Date06 Sep 2004
Judge
Case Document
100%Judiciary

HCCW000816/2004

HCCW 816/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 816 OF 2004

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IN THE MATTER of the Companies Ordinance, Chapter 32

AND

IN THE MATTER of CAPISCES INVESTMENT LIMITED

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Coram: Hon Kwan J in Court

Date of Hearing: 6 September 2004

Date of Judgment: 6 September 2004

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J U D G M E N T

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1.This is a petition presented against Capisces Investment Limited ("the Company") by Madam Chan Ching Fong. The petitioner is a former employee of the Company. She obtained an award from the Labour Tribunal against the Company on 5 December 2003 and the award was amended on 21 January 2004. By the award as amended, the Company is required to pay the petitioner HK$44,860.00. A demand for the debt was served on the Company on 1 June 2004 and the petition herein was presented on 28 July 2004.

2.At the hearing before a Master on 1 September 2004, the Company appeared by its director, Mr Tu Sing Lun Alexander. He indicated to the Master that the Company would wish to oppose the petition and he was reminded of the requirement to seek leave for a director to represent a limited company.

3.As of today, no evidence in opposition to the petition has been filed by the Company. Nor has any one appeared for the Company today. In the circumstances, I make a winding-up order against the Company. 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:

Miss Fanny Lo, of Legal Aid Department, for the Petitioner

The Company, absent

Miss Elsie Yiu, for the Official Receiver