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Schindler Lifts (Hong Kong) Ltd v Nikko Services Ltd

Judgment Cited in Precedent Map Related
Vincent
Judgment Date14 April 2014
CourtHigh Court (Hong Kong)
Judgement NumberHCCW41/2014
Subject MatterCompanies Winding-up Proceedings
HCCW41/2014 SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

HCCW 41/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) PROCEEDINGS NO 41 OF 2014

______________________

IN THE MATTER of NIKKO SERVICES LTD (Number: 1099962)
and

IN THE MATTER of the Companies Ordinance (Cap. 32)

______________________

BETWEEN
SCHINDLER LIFTS (HONG KONG) LIMITED Petitioner

and
NIKKO SERVICES LIMITED Respondent

______________________

HCCW 251/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) PROCEEDINGS NO 251 OF 2010

________________________

IN THE MATTER of NIKKO SERVICES LTD (Number: 1099962)
and
IN THE MATTER of the Companies Ordinance (Cap. 32)

________________________

BETWEEN
SCHINDLER LIFTS (HONG KONG) LIMITED Petitioner

and
NIKKO SERVICES LIMITED Respondent

________________________

Before: Hon Harris J in Court
Date of Hearing: 14 April 2014
Date of Decision: 14 April 2014

_______________

D E C I S I O N

_______________

1. On 31 March 2014, I handed down my decision in this petition. I ordered that the petition be adjourned to 14 April 2014 on the following basis: that unless the company pays the petitioner $49,820 by 4 pm on 11 April 2014, the company be wound up on 14 April 2014.

2. The company did not pay $49,820, or any other sum, to the petitioner within the specified time period.

3. The company was, again, represented before me by Mr Lau Chun‑ming who is a director. It appears that the company proposes to appeal my decision, or certainly did intend to do so at the commencement of the hearing. However, the following was agreed during the course of the hearing, namely, that the petition be adjourned for a further four weeks in order that the company could pay the petitioner $49,820, failing which the company would be automatically wound up.

4. I will, therefore, make the following order.

5. Unless the company pays the petitioner $49,820 by 4 pm on 9 May 2014, the company shall be wound up on 19 May 2014. The attendance of the parties, if the company is to be wound up on 19 May, be dispensed with.

6. I would add the following comment. It seems to me that it is appropriate in respect of any further applications to be made in any proceedings between the petitioner...

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