Re Toland Development Ltd
Read the full judgment text of HCMP 30/2006 on BabelCite. This High Court CFI judgment was delivered on 22 February 2006.
1. This is a notice of originating motion issued by Choy Man Yick, the former liquidator of Toland Development Limited (“the Company”) for an order that the dissolution of the Company be declared void under section 290 of the Companies Ordinance, Cap. 32. This application was made within 2 years of the dissolution of the Company.
Cited by 2 cases
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HCMP 30/2006 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MISCELLANEOUS PROCEEDINGS NO. 30 OF 2006 ____________
____________ Before: Hon Kwan J in Court Date of Hearing: 22 February 2006 Date of Judgment: 22 February 2006 _______________ J U D G M E N T ________________ 1.This is a notice of originating motion issued by Choy Man Yick, the former liquidator of Toland Development Limited (“the Company”) for an order that the dissolution of the Company be declared void under section 290 of the Companies Ordinance, Cap. 32. This application was made within 2 years of the dissolution of the Company. 2.The shareholders of the Company passed a special resolution to wind up the Company voluntarily on 13 August 2004 and appointed the applicant as the liquidator. On the same day, the applicant notified the Registrar of Companies of his appointment and a notice to the same effect was gazetted on 20 August 2004. The final general meeting of the Company was held on 18 February 2005. A copy of the account of the winding up and a return reporting the holding of the final meeting were sent to the Registrar of Companies on 24 February 2005. So pursuant to section 239 of Cap. 32, the Company was dissolved on 24 May 2005. 3.The applicant later became aware that the Company is still the registered owner of a landed property at the Top Roof, Yan King Court, No. 121 Queen’s Road East, Hong Kong, so would like to seek a declaration that the dissolution of the Company has been void in order that the Company may dispose of the property for the benefit of the shareholders. The Company does not have any other assets or liabilities. 4.It is appropriate to grant relief in this situation. I am satisfied that the applicant is a person interested in the revival of the Company for the purpose of section 290. 5.The Registrar of Companies has no objection to this application, subject to certain terms being made part of the order. 6.I make an order in terms as per the draft submitted to the court.
Miss Joyce Wu, instructed by Messrs Y T Chan & Co., for the Applicant The Registrar of Companies, absent |
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