Re Rich Source Engineering Ltd

Read the full judgment text of HCCW 449/2006 on BabelCite. This High Court CFI judgment was delivered on 11 December 2006.

1. This is a petition presented by Cheung Ho Electric Company Limited to wind up Rich Source Engineering Limited (“the Company”), on the basis of a judgment debt in HCCT No. 84 of 2005 obtained on 21 June 2006.  Under that judgment, the Company was ordered to pay the petitioner $6,351,961.13 with interests and costs.

Case No.HCCW 449/2006
Court
High Court CFI
Date11 Dec 2006
Judge
Case Document
100%Judiciary

HCCW 449/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 449 OF 2006

____________

  IN THE MATTER of RICH SOURCE ENGINEERING LIMITED (億源工程有限公司)
  and
  IN THE MATTER of the Companies Ordinance, Cap. 32 of the Laws of Hong Kong

____________

Before: Hon Kwan J in Court

Date of Hearing: 11 December 2006

Date of Judgment: 11 December 2006

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J U D G M E N T

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1.This is a petition presented by Cheung Ho Electric Company Limited to wind up Rich Source Engineering Limited (“the Company”), on the basis of a judgment debt in HCCT No. 84 of 2005 obtained on 21 June 2006.  Under that judgment, the Company was ordered to pay the petitioner $6,351,961.13 with interests and costs. 

2.On 23 June 2006, the petitioner served a demand for the judgment debt on the Company.  The petition herein was presented on 21 August 2006.

3.On 19 July 2006, the Company took out a summons for stay of execution of the judgment on certain conditions that it is to pay the petitioner the judgment debt by instalments.  That application was dismissed by a Master on 4 December 2006.

4.The petition was adjourned to wait the outcome of that application.  The Company no longer opposes the petition today.  So I will make an order to wind up the Company.

5.I order that the costs reserved by a Master on the previous occasions when the petition was adjourned be to the petitioner and that the petitioner’s costs are to be paid out of the assets of the Company.

6.I also order one set of costs for the supporting creditors who have appeared today.  These costs are also to be paid out of the assets of the Company.

  (S Kwan)
Judge of the Court of First Instance
High Court

Mr Justin Wong, instructed by Messrs Lam, Lee & Lai, for the Petitioner

Miss Joan Au Yang, instructed by Messrs Lo, Wong & Tsui, for the Company

Mr William Wong, instructed by Messrs Tanner De Witt, for the Supporting Creditor, Standard Chartered Bank (Hong Kong) Limited

Mr Benny Cheng, for the Official Receiver