Plaintiff's claim was for $22.55 for food and refreshments supplied.
Defendant did not appear, and B. Inglis proved service of summons, judgement then being given for the amount claimed.
In the matter of the Companies'
Consolidation Act, 1908, and In the matter of the Vu Yuen Estates, Ld.
This was a petition by Chow Yuen: foo, building contractor, of North Honan Road, for an order for the winding up of the Company and the appointment of a provisional liquidator.
The petition stated that the Vu Yuen Estates Ld. were incorporated in October 1913 under the Companies' Ordinances, Hongkong. The head offices of the company were at 11 Yuenmingyuen Road, and there was a nominal capital of Tls. 500,000, divided into 50,000 shares of Tis, 10 each. The petition er was judgement creditor to the company in an action for the recovery of Tis, 8,586.98, being part of the balance due to him for buildings erected and for labour and material, The judgement had not been paid, and petitioner believed the company to be insolvent and unable to pay its debts.
Mr. J. H. Teesdale appeared for the petitioning creditor, Mr, R. N. Macleod and Mr. Anderson for other creditors, and Mr. E. 8, Moberly Bell for the Company.
Mr. Teesdale read the petition and petitioner's affidavit and said that the application was made under sections 267 and 268 of the Companies' Consolidation Act, 1908, relating to the winding up of registered companies. His Lordship would remember the case of Hung Shing v, the Dallas Horse Repository in 1910 as bearing upon the jurisdiction of the Court under this Act, the decision in that case being for a winding-up order. Counsel understood that the application would not be opposed.
Mr. Bell—My instructions are to consent.
His Lordship—In the case you mention, the Court was really driven to wind up the company in order to give the most elementary justice. I quite acknowledge that we are perhaps going as far as we possibly can go, but it seems to me the only way in which justice can be done.
Mr. Teesdale, on the subject of the appointment of a liquidator,
Text read from the printed page and cleaned; old type leaves the occasional error.