HSIN CHONG CONSTRUCTION COMPANY LIMITED (IN LIQUIDATION) V. BUILD KING CONSTRUCTION LIMITED

[2021] HKCFA 14 Court of Final Appeal 13 May 2021 • FACV11/2020 • 23 min read

12 cases cited (0 SG, 12 foreign) Cited by 1 case

Practice Areas

Companies (Winding Up and Miscellaneous Provisions) Ordinance

Judges (5)

Cheung Coram Fok Coram Gummow Coram Ribeiro Coram Tang Coram

Counsel (8)

Hogan Lovells Firm Wilkinson & Grist Firm Anson Wong Yu Yat Counsel Appellant Audrey Eu Counsel Appellant Charles Manzoni Counsel Respondent John Hui Counsel Appellant John Leung Counsel Respondent The Official Receiver Counsel Unknown

Parties (2)

Build King Construction Limited Respondent Hsin Chong Construction Company Limited Appellant

Summary

Hsin Chong Construction Company Limited (in liquidation) appealed regarding the retrospective validation of dispositions of company property made after commencement of winding up under section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance. The Court considered the proper test for granting validation orders. The appeal was unanimously allowed and the validation orders were set aside.

Statutes Cited

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

Cases Cited (12)

UK (6)

[1950] 1 All ER 21 [1970] Ch 477 [1976] 1 WLR 292 [1980] 1 WLR 711 [2016] 1 WLR 4783 [2017] EWHC 1920

HK (6)

(2009) 12 HKCFAR 512 [2004] 1 HKLRD 735 [2009] 2 HKLRD 238 [2015] 4 HKLRD 300 [2019] HKCA 1305 [2019] HKCFI 1531

Cited By (1)

[2021] HKCFA 20

HSIN CHONG CONSTRUCTION COMPANY LIMITED (IN LIQUIDATION) V. BUILD KING CONSTRUCTION LIMITED

Judgment

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

Read on HKLII

Source: HKLII ([2021] HKCFA 14)