Officetech (Fiji) Pte Ltd v Impressive Prints Pte Ltd [2022] FJHC 141; HBE008.2021 (18 March 2022)

IN THE HIGH COURT OF FIJI
AT SUVA

CIVIL JURISDICTION

Winding Up Cause HBE No. 08 of 2021

BETWEEN:

OFFICETECH (FIJI) PTE LIMITED a private company incorporated in Fiji and having its
registered office at c/- Aliz Pacific, Level 3 Aliz Center, Martintar, Nadi.

PETITIONER

AND:

IMPRESSIVE PRINTS PTE LIMITED a private company incorporated in Fiji and having
its registered office at 4 Viria Road, Vatuwaqa.

RESPONDENT

BEFORE:
Hon. Mr. Justice Vishwa Datt Sharma

COUNSELS:
Ms Kant S. for the Applicant
Mr Kunal Naidu (In-Person) for the Respondent

DATE OF DECISION:
Friday, 18^th March 2022 @ 9.00 am.

DECISION
[Extension of Time Beyond 6 months’ time frame pursuant to Section 528 of the Companies Act 2015]

1. The Applicant’s Inter-Parte Notice of Motion filed in support of an Affidavit seeks the following orders:-
   • (i) That time be extended beyond 6 months’ time frame to Hear and Determine the substantive Winding Up Application at its earliest.
   • (ii) And for such orders as this Honourable Court deems just and expedient to make in the circumstances of the Application.
   • (iii) And for a further Order that costs of this application be costs in the cause.
2. The application is made pursuant to Section 528 of the Companies Act 2015.
3. Section 528 of the Companies Act provides as follows:-

“(1) An application for a company to be wound up in insolvency is to be determined within 6 months after it is made.

(2) The court may by order (on such conditions as it considers fit) extend the period within which an application must be determined, but only if-

(a) the court is satisfied that special circumstances justify the extension; and

(b) the order is made within that period as prescribed by subsection (1), or as last extended under this subsection, as the case requires.

(3) An application is, because of this subsection, dismissed if it is not determined as required by this section.”

4. The application for the Winding Up of the Company in solvency is to be determined within a period of 6 months timeframe from the time of the commencement and filing of the application.
5. The application for Winding up the Respondent Company “Impressive Pte Limited” was filed by the Applicant, OFFICETECH (Fiji) Pte Limited on 18^th February 2021.
6. The application was pending before the Master and eventually transferred and allocated to me on 9^th August 2021.
7. Section 528(2)(b) clearly states that the Order for the extension of the period within which the Winding Up Application must be determined, must be made within the period of 6 months after it is made as prescribed by Subsection (1) of the Act.
8. In the current case, the Winding Up application was filed on 18^th February 2021 and the required 6 months period had already expired on 18^th August 2021.
9. The Application seeking for extension of the timeframe beyond 6 months was made on 8^th December 2021 which was about 4 months later, after the expiration period of 6 months and not made within the ambits of the particular provisions of Section 528(2)(b) of the Companies Act.
10. I am not satisfied that special circumstances justifying the extension has been shown and/or established by the Applicant in terms of section 528(2)(a) of the Act.
11. Accordingly the Application fails and is hereby dismissed.
12. In terms of the further orders including costs are sought for by the Applicant cannot be acceded to in light of the delay in making the application seeking for the extension of time beyond 6 months timeframe in terms of the provision of Section 528(2) of the Companies Act.
13. Following are the Orders of the Court:-
    

ORDERS

(i) Inter-parte Notice of Motion seeking for an Extension of Time beyond 6 months timeframe for the Winding Up Application to be determined is dismissed.

(ii) There will be no order as to costs at the discretion of this Court.

DATED at SUVA this 18^th day of March, 2022.

VISHWA DATT SHARMA
JUDGE

cc. M.A. Khan, Suva.

Mr Kunal Naidu,Suva.