RE CHINA ALL ACCESS (HOLDINGS) LTD

RE CHINA ALL ACCESS (HOLDINGS) LTD

Given the dishonoured payment, creditor support for winding up, the new Mainland–Hong Kong mutual recognition mechanism which makes recognition in Shenzhen reasonably likely if the company's COMI is in Hong Kong, and the in personam jurisdiction over Hong Kong resident directors, the court concluded there is a real...

Source-derived case information.

Citation
[2021] HKCFI 1842
Parties
Petitioner: Petitioner; Supporting Creditor: Dong Zhaofan; Company (respondent): China All Access (Holdings) Limited; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 June 2021
Case Number
HCCW431/2020
Procedural Posture
Companies Winding Up Proceedings / Hearing and Decision on Petition for Winding Up
Outcome
Winding up order made
Legal Topics
Winding Up, Recognition of Foreign Insolvency Proceedings, Centre of Main Interest (comi), Judicial Cooperation Mainland Hong Kong, Powers of Liquidators
Source Language
en
Insolvency Cross Border Insolvency Company Law Civil Procedure Winding Up Recognition of Foreign Insolvency Proceedings Centre of Main Interest (comi) Judicial Cooperation Mainland Hong Kong +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Petitioner

Petitioner

Dong Zhaofan

Supporting Creditor

China All Access (Holdings) Limited

Company (respondent)

Official Receiver

Official Receiver

Procedural Posture

Companies Winding Up Proceedings / Hearing and Decision on Petition for Winding Up

Legal Issues

  1. 1 Whether an immediate winding up order should be made following dishonour of payment
  2. 2 Whether the second core requirement for winding up a foreign incorporated company (real possibility of benefit to the petitioner) is satisfied
  3. 3 Whether Hong Kong-appointed liquidators can obtain recognition and assistance in the Mainland (Shenzhen) under the new cooperation mechanism

Ratio Decidendi

Given the dishonoured payment, creditor support for winding up, the new Mainland–Hong Kong mutual recognition mechanism which makes recognition in Shenzhen reasonably likely if the company's COMI is in Hong Kong, and the in personam jurisdiction over Hong Kong resident directors, the court concluded there is a real possibility the winding up would benefit the petitioner and therefore the second core requirement is satisfied; accordingly the court made the normal winding up order.

Court Disposition

Winding up order made

Orders

  • Make the normal winding up order