CHINA METAL RECYCLING (HOLDINGS)LIMITED (IN LIQUIDATION) v COSIMO BORRELLI AND CHI LAI MANJOCELYN IN THEIR CAPACITY AS THE JOINTAND SEVERAL LIQUIDATORS OF CHINAMETAL RECYCLING (HOLDINGS) LIMITED

Read the full judgment text of CACV 384/2022 on BabelCite. This Court of Appeal judgment was delivered on 2 March 2023.

1. This is the plaintiffs’ appeal from the order of Anthony Chan J striking out parts of the amended writ of summons and the statement of claim. The primary issue raised is whether commencing a claim for fraudulent trading by a writ of summons instead of by summons as required by rule 58 of the Companies (Winding-up) Rules (Cap 32H) (“ Winding-up Rules ”) may be treated as a formal defect not invalidating the proceedings pursuant to rule 209(1).

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