Nuoxi Capital Ltd (in Liquidation in the British Virgin Islands) v. Peking University Founder Group Co Ltd

Read the full judgment text of HCA 778/2021 on BabelCite. This High Court CFI judgment was delivered on 22 February 2022.

1. On 17 December 2021, I dismissed the Defendant’s application to stay the Actions. On 22 February 2022, I dismissed the Defendant’s application (which I had heard on 18 February 2022) for leave to appeal that decision. Also on 22 February 2022 I heard a case management conference and made directions for the further conduct of the Actions leading to a trial commencing on 11 January 2023.

Cites 1 case

Case No.HCA 778/2021[2022] HKCFI 636
Court
High Court CFI
Date22 Feb 2022
Judge
Case Document
100%Judiciary

HCA 778/2021, HCA 798/2021,
HCA 1418/2021 and HCA 1442/2021
(HEARD TOGETHER)

[2022] HKCFI 636

HCA 778/2021

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 778 OF 2021

____________________

BETWEEN    
  NUOXI CAPITAL LIMITED(諾熙資本有限公司) Plaintiff
  (IN LIQUIDATION IN THE BRITISH VIRGIN ISLANDS)  

and

  PEKING UNIVERSITY FOUNDER GROUP Defendant
  COMPANY LIMITED(北大方正集團有限公司)  
____________________
AND   HCA 798/2021

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 798 OF 2021

____________________

BETWEEN

  FOUNDER INFORMATION (HONG KONG) LIMITED Plaintiff
  (香港方正資訊有限公司)(IN LIQUIDATION)  

and

  PEKING UNIVERSITY FOUNDER GROUP Defendant
  COMPANY LIMITED(北大方正集團有限公司)  
____________________

________________________

AND   HCA 1418/2021

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1418 OF 2021

____________________

BETWEEN

  HONGKONG JHC CO., LIMITED(香港京慧誠有限公司) Plaintiff
  (IN LIQUIDATION)  

and

  PEKING UNIVERSITY FOUNDER GROUP Defendant
  COMPANY LIMITED(北大方正集團有限公司)  
____________________
AND   HCA 1442/2021

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1442 OF 2021

____________________

BETWEEN

  KUNZHI LIMITED(坤智有限公司) Plaintiff
  (IN LIQUIDATION IN THE BRITISH VIRGIN ISLANDS)  

and

  PEKING UNIVERSITY FOUNDER GROUP Defendant
    COMPANY LIMITED(北大方正集團有限公司)  
_____________________
  (HEARD TOGETHER)  
Before: Hon Harris J in Chambers
Date of Hearing: 22 February 2022
Date of Decision: 22 February 2022
Date of Reasons for Decision:   4 March 2022

__________________________________

REASONS FOR DECISION

__________________________________

1.On 17 December 2021, I dismissed the Defendant’s application to stay the Actions. On 22 February 2022, I dismissed the Defendant’s application (which I had heard on 18 February 2022) for leave to appeal that decision. Also on 22 February 2022 I heard a case management conference and made directions for the further conduct of the Actions leading to a trial commencing on 11 January 2023.

2.Also on 17 December 2021 I made an order in HCMP 1831 of 2021 for recognition of the Administrators of the Defendant.  This included in [5]–[9] directions intended to facilitate cooperation between the Hong Kong court and the Beijing No.1 Intermediate People’s Court (“Beijing Court”), which has conduct of the Administration of the Defendant.  One reason for making comprehensive directions at this stage for the progress of the Actions is in order that the Beijing Court has some idea as to how the Actions will progress subject to the Beijing Court taking up the Hong Kong court’s suggestion that the two courts consider cooperating with a view to identifying issues, which arise in both the Actions and the Administration, and agreeing, with the involvement of the Parties, which court determines, which issue.  If this were to happen it may well be that the directions will have to be amended.

(Jonathan Harris)
Judge of the Court of First Instance
High Court

Mr Look Chan Ho, instructed by Addleshaw Goddard (Hong Kong) LLP, for the plaintiffs (in HCA 778 & 798 & 1418 & 1442/2021)

Mr José-Antonio Maurellet SC, Mr Tom Ng and Ms Jasmine Cheung, instructed by Freshfields Bruckhaus Deringer, for the defendant (in HCA 778 & 798 & 1418 & 1442/2021)

Other Judgments in This Case

Further hearings and rulings under HCA 778/2021

Nuoxi Capital Ltd (in Liquidation in the British Virgin Islands) v. Peking University Founder Group Co Ltd
High Court CFI17 Dec 2021
Hongkong Jhc Co., Limited (in Liquidation) v. Peking University Founder Group Co Ltd
High Court CFI17 Dec 2021
Kunzhi Limited (in Liquidation in the British Virgin Islands) v. Peking University Founder Group Co Ltd
High Court CFI17 Dec 2021
Founder Information (Hong Kong) Ltd (in Liquidation) v. Peking University Founder Group Co Ltd
High Court CFI17 Dec 2021
Re Zheng Zhibin and Another
High Court CFI17 Dec 2021
Nuoxi Capital Ltd (in Liquidation in the British Virgin Islands) v. Peking University Founder Group Co Ltd
High Court CFI
Full analysis
17 Dec 2021
Hongkong Jhc Co., Limited (in Liquidation) v. Peking University Founder Group Co Ltd
High Court CFI17 Dec 2021
Kunzhi Limited (in Liquidation in the British Virgin Islands) v. Peking University Founder Group Co Ltd
High Court CFI17 Dec 2021
Founder Information (Hong Kong) Ltd (in Liquidation) v. Peking University Founder Group Co Ltd
High Court CFI17 Dec 2021
Re Zheng Zhibin and Another
Court of First Instance17 Dec 2021
Nuoxi Capital Ltd (in Liquidation in the British Virgin Islands) v. Peking University Founder Group Co Ltd
High Court CFI22 Feb 2022
Founder Information (Hong Kong) Ltd v. Peking University Founder Group Co Ltd
High Court CFI22 Feb 2022
Hongkong Jhc Co., Ltd (in Liquidation) v. Peking University Founder Group Co Ltd
High Court CFI22 Feb 2022
Kunzhi Ltd (in Liquidation in the British Virgin Islands) v. Peking University Founder Group Co Ltd
High Court CFI22 Feb 2022
Re Zheng Zhibin and Others
High Court CFI22 Feb 2022
Founder Information (Hong Kong) Ltd v. Peking University Founder Group Co Ltd
High Court CFI22 Feb 2022
Hongkong Jhc Co., Ltd (in Liquidation) v. Peking University Founder Group Co Ltd
High Court CFI22 Feb 2022
Kunzhi Ltd (in Liquidation in the British Virgin Islands) v. Peking University Founder Group Co Ltd
High Court CFI22 Feb 2022
Nuoxi Capital Ltd (in Liquidation in the British Virgin Islands) v. Peking University Founder Group Co Ltd
High Court CFI18 May 2023
Founder Information (Hong Kong) Ltd v. Peking University Founder Group Co Ltd
High Court CFI18 May 2023
Hongkong Jhc Co., Ltd (in Liquidation) v. Peking University Founder Group Co Ltd
High Court CFI18 May 2023
Kunzhi Ltd (in Liquidation in the British Virgin Islands) v. Peking University Founder Group Co Ltd
High Court CFI18 May 2023