SHANDONG CHENMING PAPER HOLDINGS LIMITED V. ARJOWIGGINS HKK 2 LIMITED

[2022] HKCFA 11 Court of Final Appeal 14 June 2022 • FACV4/2022 • 49 min read
19 cases cited (0 SG, 19 foreign)

Practice Areas

Judges (5)

Counsel (6)

Parties (2)

Summary

Shandong Chenming Paper Holdings Limited appealed on the question of Hong Kong's winding-up jurisdiction over foreign companies, specifically whether 'benefit' under the second core requirement could be based on leverage from the threat of a winding-up order rather than the order itself. The Court of Final Appeal considered the proper principles for exercising jurisdiction to wind up overseas companies. The appeal was allowed.

Statutes Cited

Cases Cited (19)

UK (14)
[1906] 2 Ch 327 [1951] 1 Ch 112 [1968] 1 WLR 1091 [1973] 1 Ch 75 [1982] 1 Ch 43 [1986] 1 WLR 114 [1988] 1 Ch 210 [2004] 1 WLR 1049 [2004] 1 WLR 2177 [2011] EWHC 1104 [2013] 1 WLR 1408 [2015] 1 WLR 3737 [2015] EWHC 396 [2019] EWHC 2332
HK (5)
(2015) 18 HKCFAR 501 [2016] 1 HKLRD 850 [2017] 4 HKLRD 84 [2020] HKCA 670 [2022] HKCFA 1

Judgment

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

Read on HKLII

Source: HKLII ([2022] HKCFA 11)