Re G & G Hong Kong Ltd

Read the full judgment text of HCCW 817/2004 on BabelCite. This High Court CFI judgment was delivered on 13 December 2004.

1. This is a petition presented against G & G Hong Kong Limited (“the Company”) by a former employee Cheng Kwok Lam.  The petitioning debt was based on a Labour Tribunal award in the sum of HK$192,322.40 made on 29 April 2004.  A demand for the debt was served on the Company on 8 June 2004.  The petition herein was presented on 28 July 2004.  After the presentation of the petition, the Company applied to set aside the award of the Labour Tribunal.  As a result, this petition was adjourned on two

Case No.HCCW 817/2004
Court
High Court CFI
Date13 Dec 2004
Judge
Case Document
100%Judiciary

HCCW 817/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 817 OF 2004

____________

  IN THE MATTER of the Companies Ordinance, Chapter 32
  and
  IN THE MATTER of G & G Hong Kong Limited

____________

Before: Hon Kwan J in Court

Date of Hearing: 13 December 2004

Date of Judgment: 13 December 2004

______________

J U D G M E N T

______________

1.This is a petition presented against G & G Hong Kong Limited (“the Company”) by a former employee Cheng Kwok Lam.  The petitioning debt was based on a Labour Tribunal award in the sum of HK$192,322.40 made on 29 April 2004.  A demand for the debt was served on the Company on 8 June 2004.  The petition herein was presented on 28 July 2004.  After the presentation of the petition, the Company applied to set aside the award of the Labour Tribunal.  As a result, this petition was adjourned on two occasions in October 2004. 

2.At the last hearing before me on 6 December 2004, I was given to understand by the Director of Legal Aid that the Labour Tribunal award has been reduced on review to HK$54,000.00.  I adjourned the petition for a week to give further time to the Company to pay up and it was made very clear to the Company on the last occasion that if no payment is made of the Labour Tribunal award as reduced, it is likely that the court would accede to the petitioner’s request to wind up the Company. 

3.At the hearing today, nobody for the Company has appeared.  I understand that the reduced award of the Labour Tribunal has not been paid.  In the circumstances, I order the Company to be wound up.  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

Ms C Ling, of Legal Aid Department, for the Petitioner

The Company, Absent

Mrs Christine Sit, for Official Receiver