Hsin Chong Construction Co Ltd (in Provisional Liquidation) v. Build King Construction Ltd

Read the full judgment text of FAMV 152/2020 on BabelCite. This Court of Final Appeal judgment was delivered on 12 November 2020 before Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Cheung PJ.

1. We grant leave to appeal, exceptionally, on the or otherwise basis that it is reasonably arguable that in granting and affirming the validation orders set out in paragraph 3 and paragraph 4(b) of the Order dated 13 June 2019 the courts below misapplied section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap.32).

Legal issues: Misapplication of section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance

Outcome: Leave to appeal granted exceptionally on the basis that it is reasonably arguable that the courts below misapplied section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap.32).

Cited by 3 cases

Case No.FAMV 152/2020[2020] HKCFA 36
Court
Court of Final Appeal
Date12 Nov 2020
JudgeMr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Cheung PJ
Case Document
100%Judiciary

FAMV No. 152 of 2020

[2020] HKCFA 36

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 152 OF 2020 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 321 OF 2019)

___________________________

BETWEEN    
HSIN CHONG CONSTRUCTION COMPANY LIMITED Applicant
  (in provisional liquidation)  
and
BUILD KING CONSTRUCTION LIMITED Respondent

___________________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Cheung PJ
Date of Hearing and Determination: 12 November 2020

___________________________

DETERMINATION

___________________________

Mr Justice Fok PJ:

1.We grant leave to appeal, exceptionally, on the or otherwise basis that it is reasonably arguable that in granting and affirming the validation orders set out in paragraph 3 and paragraph 4(b) of the Order dated 13 June 2019 the courts below misapplied section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap.32).

2.The appeal will be heard on 2 March 2021.

(R A V Ribeiro) (Joseph Fok) (Andrew Cheung)
Permanent Judge Permanent Judge Permanent Judge

Mr Audrey Eu SC, Mr John Hui and Mr Anson Wong Yu Yat, instructed by Wilkinson & Grist, for the Applicant

Mr Charles Manzoni SC, instructed by Hogan Lovells, for the Respondent

The Official Receiver, attendance excused