Shandong Chenming Paper Holdings Limited v. Arjowiggins Hkk 2 Limited

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)

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BETWEEN

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DETERMINATION

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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 2^nd 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 2^nd core requirement?”

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

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)