RE HOP KAI TIMBER CO., LTD.

HCCW000043/2001

HCCW 43/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) PROCEEDINGS NO. 43 OF 2001

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IN THE MATTER of Companies Ordinance, Chapter 32

and

IN THE MATTER of Hop Kai Timber Co., Limited

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Coram: Hon Yuen J in Court

Date of Hearing: 21 May 2001

Date of Judgment: 21 May 2001

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J U D G M E N T

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1. This is an application by way of a petition based on a judgment debt given by the Labour Tribunal in May 2000. The Labour Tribunalaward was made by consent.

2. On the first occasion when this matter came before me, a director of the Company Mr Yu sought to say that he would be able to repaythis judgment debt by way of instalments. However, nothing has come to pass in this regard.

3. It is clear that a judgment debt should be honoured and in fact in this case, the Company has been given more than one opportunityto deal with this matter. It would appear that what the Company had done was to have applied for review from the Labour Tribunalbut that had been refused. No appeal was made.

4. Accordingly, the Company has lost its opportunity to seek to set aside the Labour Tribunal award. I was asked this morning to reopenthe Labour Tribunal case which, of course, is not within the purview of the Companies Court on a winding-up application.

5. Accordingly, I see no reason why I should exercise my discretion against making the usual winding-up order and I so order.

(MARIA YUEN)
Judge of the Court of First Instance
High Court

Representation:

Ms Pauline Lo, from Legal Aid Department, for the Petitioner

Company not represented (no leave granted)

Mr J Glen, from the Official Receiver’s Office