RE ZHENG ZHIBIN AND OTHERS

RE ZHENG ZHIBIN AND OTHERS

The judge granted a short extension for the late filing but held the recognition order and stay applications to be interlocutory in character (not final) so leave was required; applying s14AA(4) the court found the proposed appeals lacked a reasonable prospect of success and there was no other reason in the interests of justice to hear them, and accordingly refused leave to appeal and ordered costs against the applicants/defendant.

Citation
[2022] HKCFI 635
Parties
Plaintiff (in Liquidation in the British Virgin Islands): Nuoxi Capital Limited; Plaintiff (in Liquidation): Founder Information (Hong Kong) Limited; Plaintiff (in Liquidation): Hongkong JHC Co., Limited; Plaintiff (in Liquidation in the British Virgin Islands): Kunzhi Limited; Defendant; Company (in Restructuring in the Mainland of the People’s Republic of China): Peking University Founder Group Company Limited; Applicant (member of the Peking University Founder Group Liquidation Group; Administrator): Zheng Zhibin; Applicant (member of the Peking University Founder Group Liquidation Group; Administrator): Zhang Ting
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 March 2022
Case Number
HCMP1831/2021
Procedural Posture
Recognition and Assistance of Foreign Insolvency Administrators; Applications for Stays of Civil Proceedings and Leave to Appeal / Decision on Applications for Leave to Appeal and Recognition Orders (interlocutory)
Outcome
Application for extension of time granted; applications for leave to appeal dismissed; recognition order granted in HCMP largely in terms of originating summons with additional procedural paragraphs; costs awarded against Applicants/Defendant
Legal Topics
Stay of Proceedings, Recognition of Foreign Insolvency Administrators, Appealability and Leave, Enforcement and Weight of Foreign Judgments, Exclusive Jurisdiction Clauses
Source Language
EN
Insolvency Law Civil Procedure Private International Law / Conflict of Laws Cross‑border Insolvency Stay of Proceedings Recognition of Foreign Insolvency Administrators Appealability and Leave Enforcement and Weight of Foreign Judgments +1 more

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Parties

Nuoxi Capital Limited

Plaintiff (in Liquidation in the British Virgin Islands)

Founder Information (Hong Kong) Limited

Plaintiff (in Liquidation)

Hongkong JHC Co., Limited

Plaintiff (in Liquidation)

Kunzhi Limited

Plaintiff (in Liquidation in the British Virgin Islands)

Peking University Founder Group Company Limited

Defendant; Company (in Restructuring in the Mainland of the People’s Republic of China)

Zheng Zhibin

Applicant (member of the Peking University Founder Group Liquidation Group; Administrator)

Zhang Ting

Applicant (member of the Peking University Founder Group Liquidation Group; Administrator)

Procedural Posture

Recognition and Assistance of Foreign Insolvency Administrators; Applications for Stays of Civil Proceedings and Leave to Appeal / Decision on Applications for Leave to Appeal and Recognition Orders (interlocutory)

Legal Issues

  1. 1 Whether leave to appeal should be granted including where application filed out of time
  2. 2 Whether the recognition order in HCMP 1831 was final or interlocutory and thus appealable as of right
  3. 3 Whether the Actions should be stayed in deference to Mainland restructuring proceedings

Ratio Decidendi

The judge granted a short extension for the late filing but held the recognition order and stay applications to be interlocutory in character (not final) so leave was required; applying s14AA(4) the court found the proposed appeals lacked a reasonable prospect of success and there was no other reason in the interests of justice to hear them, and accordingly refused leave to appeal and ordered costs against the applicants/defendant.

Court Disposition

Application for extension of time granted; applications for leave to appeal dismissed; recognition order granted in HCMP largely in terms of originating summons with additional procedural paragraphs; costs awarded against Applicants/Defendant

Orders

  • Extension of time for filing leave applications granted
  • Leave to appeal refused in respect of HCA 778/2021, HCA 798/2021, HCA 1418/2021, HCA 1442/2021 and HCMP 1831/2021