HSIN CHONG CONSTRUCTION CO LTD (IN PROVISIONAL LIQUIDATION) V. BUILD KING CONSTRUCTION LTD

[2020] HKCFA 36 Court of Final Appeal 12 November 2020 • FAMV152/2020 • 1 min read

Practice Areas

Companies (Winding Up and Miscellaneous Provisions) Ordinance

Judges (3)

Cheung Coram Fok Coram Ribeiro Coram

Counsel (6)

Hogan Lovells Firm Wilkinson & Grist Firm Anson Wong Yu Yat Counsel Applicant Audrey Eu Counsel Applicant Charles Manzoni Counsel Respondent John Hui Counsel Applicant

Parties (2)

Build King Construction Limited Respondent Hsin Chong Construction Company Limited Applicant

Summary

Hsin Chong Construction Company Limited (in provisional liquidation) sought leave to appeal regarding validation orders made under section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance. The key issue was whether the courts below misapplied section 182 in granting retrospective validation of dispositions of company property after commencement of winding up. Leave to appeal was granted.

Statutes Cited

Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32)

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2020] HKCFA 36)