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Shandong Chenming Paper Holdings Limited v. Arjowiggins Hkk 2 Limited

Read the full judgment text of FAMV 410/2021 on BabelCite. This Court of Final Appeal judgment was delivered on 21 January 2022 before Chief Justice Cheung, Mr Justice Ribeiro PJ, Mr Justice Lam PJ.

1. We grant leave confined to the following question, namely:

Outcome: Leave to appeal granted confined to the stated question.

Cited by 1 case

Case No.FAMV 410/2021[2022] HKCFA 1
Court
Court of Final Appeal
Date21 Jan 2022
JudgeChief Justice Cheung, Mr Justice Ribeiro PJ, Mr Justice Lam PJ
Case Document
100%Judiciary

FAMV No. 410 of 2021

[2022] HKCFA 1

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 410 OF 2021 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO. 158 OF 2017)

________________________

BETWEEN

SHANDONG CHENMING PAPER HOLDINGS LIMITED Plaintiff (Applicant)
and
ARJOWIGGINS HKK 2 LIMITED Defendant
(Respondent)

________________________

Appeal Committee: Chief Justice Cheung, Mr Justice Ribeiro PJ and Mr Justice Lam PJ
Date of Hearing and Determination: 21 January 2022

________________________

DETERMINATION

________________________

Chief Justice Cheung:

1.We grant leave confined to the following question, namely:

“Should the Hong Kong Court exercise its winding-up jurisdiction over foreign companies on the basis that a ‘benefit’ is made out under the 2nd core requirement if such ‘benefit’ does not arise as a consequence of the winding-up order being made, but rather, would only ever be realized if the winding-up order is either avoided or discharged?

Put another way, is the ‘leverage’ created by the prospect of a winding-up (as opposed to the making of a winding-up order) a legitimate form of ‘benefit’ under the 2nd core requirement?”

2.The appeal will be listed for hearing on 17 May 2022.

(Andrew Cheung)
Chief Justice		 (R A V Ribeiro)
Permanent Judge		 (M H Lam)
Permanent Judge

Mr Victor Joffe and Mr Julian Lam, instructed by King & Wood Mallesons, for the Plaintiff (Applicant)

Mr Laurence Li, SC and Mr Chow Ho Kiu, instructed by CL Chow & Macksion Chan, for the Defendant (Respondent)

Cited by 1 case

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Shandong Chenming Paper Holdings Limited v. Arjowiggins Hkk 2 Limited
Court of Final Appeal
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14 Jun 2022