RE BGA HOLDINGS LTD (FORMERLY KNOWN AS BEIBU GULF OCEAN SHIPPING (GROUP) LTD) (and 1 other)

[2025] HKCA 815 Court of Appeal 5 September 2025 • CACV557/2021; CACV591/2021 • 15 min read
15 cases cited (0 SG, 15 foreign)

Practice Areas

Companies (Winding Up and Miscellaneous Provisions) Ordinance Companies Ordinance

Judges (3)

Au Coram Cheung Coram Kwan Coram

Counsel (7)

Au & Vrijmoed Firm Norton Rose Fulbright, Hong Kong Firm Bernard Man Counsel Petitioner Byron Chiu Counsel Respondent Justin Ho Counsel Petitioner Rimsky Yuen Counsel Respondent Sik Chee Ching Counsel Petitioner

Summary

BGA Holdings Ltd (formerly Beibu Gulf Ocean Shipping) was the subject of consolidated winding-up appeals (CACV 557 & 591/2021) heard by a three-judge panel including Kwan VP, Cheung JA, and Au JA. The case involved contested petitions under the Companies (Winding Up) Ordinance with issues about unfair prejudice and the just and equitable ground for winding up. The Court delivered judgment after considering written submissions.

Statutes Cited

Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32)
Companies Ordinance (Cap 622)

Cases Cited (15)

UK (8)
[1904] AC 73 [2004] EWCA Civ 56 [2006] 1 WLR 2793 [2006] EWCA Civ 1655 [2013] 1 WLR 1911 [2015] UKSC 13 [2019] 4 WLR 56 [2019] EWCA Civ 932
HK (7)
(2002) 5 HKCFAR 336 (2012) 15 HKCFAR 299 (2019) 22 HKCFAR 392 [2021] HKCFI 3433 [2021] HKCFI 3915 [2022] HKCA 1341 [2025] HKCA 322

Judgment

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

Read on HKLII

Source: HKLII ([2025] HKCA 815)