Re Vinson Engineering Ltd

HCCW 386/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 386 OF 2007

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Before : Hon Kwan J in Court

Date of Hearing : 10 December 2007

Date of Judgment : 10 December 2007

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J U D G M E N T

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1.This is a petition to wind up Vinson Engineering Limited (“the Company”) presented by Kin Shing Engineering (H.K.) Limited.

2.By a judgment of Reyes J dated 15 April 2005 in HCCT No. 108 of 2002, the Company was ordered to pay the judgment sum and costs to be taxed if not agreed.

3.The petitioner’s bill of costs was taxed on 13 March 2006 and reviewed on 21 November 2006.  The total amount of costs and disbursements allowed was HK$2,200,669.00, of which HK$1,800,456.00 has remained unpaid.

4.On 11 August 2006, Master S T Poon of the District Court made 2 costs orders of $550 each in favour of the petitioner against the Company in DCCJ No. 2844 of 2006 and DCCJ No. 2990 of 2006. 

5.Further, on 22 September 2006 and 3 November 2006, Reyes J made 2 costs orders of $1,000 each in favour of the petitioner against the Company in HCCT No. 108 of 2003, regarding the Company’s unsuccessful application for stay of execution.

6.The Company is indebted to the petitioner for, inter alia, HK$1,803,556.00.

7.On 15 June 2007, a demand was served on the Company by the petitioner in respect of the aforesaid sum by leaving the same at its registered office.

8.The Company has not filed any evidence in opposition.  On the last occasion when the petition came before Barma J on 12 November 2007, the petition was adjourned for four weeks to today for the parties to negotiate.  I understand from counsel for the petitioner that no offer has been made by the Company.  The Company has not appeared today.

9.As the petitioning debt is not in dispute and no evidence has been filed by the Company giving any grounds of opposition, the petitioner is entitled ex debito justitiae to an order to wind up the Company.  I order the Company to be wound up.  The petitioner’s costs are to be paid out of the Company’s assets.

Mr. Chan Pak Kong instructed by Messrs Peter Lau & Co., for the Petitioner

Vinson Engineering Limited, absent

Miss Vivian Yeung, for the Official Receiver