Ng Boon Teck v. Ng Wing Ying and Others

Case No.HCCW 850/2005
Court
High Court CFI
Date19 May 2008
JudgeHon Kwan J
Case Document
100%

HCCW 850/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 850 OF 2005

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  IN THE MATTER of NGT HONG KONG BESTFIT TECHNOLOGY & ENGINEERING COMPANY LIMITED (香港碧詩科技工程有限公司)
  and
  IN THE MATTER of Section 177(1)(a) of the Companies Ordinance, Cap. 32

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BETWEEN    
  NG BOON TECK   Petitioner
  and  
  NG WING YING  1st Respondent
  NGT HONG KONG BESTFIT TECHNOLOGY & ENGINEERING COMPANY LIMITED 2nd Respondent
  LIM BONG GUAN 3rd Respondent
  CHOO KIM HIONG 4th Respondent
  CHIA SWEE BENG 5th Respondent

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Before: Hon Kwan J in Court

Date of Hearing: 19 May 2008

Date of Judgment: 19 May 2008

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J U D G M E N T

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1.This petition, which was presented on 10 November 2005, started as a petition under sections 168A and 177(1)(f) of the Companies Ordinance, Cap. 32.

2.On 8 May 2008, Poon J gave leave to the petitioner to re-amend the petition to put the ground on which the petition was presented on a different basis.  The reason for this is that by a written resolution dated 29 April 2008 signed by all the members of the company, NGT Hong Kong Bestfit Technology & Engineering Company Limited, pursuant to section 116B, the company by special resolution resolved that it should be wound up by the court under section 177(1)(a).

3.The re-amended petition was duly filed on 13 May 2008.  There is no opposition to this petition.

4.I make an order that the company be wound up and that the petitioner’s costs, save for the costs of today, are to be paid out of the assets of the company.

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

Messrs Chak & Associates, for the Petitioner

The Respondents, acting in person, absent

Ms Vivian Yeung, for the Official Receiver