RE SHUNFENG INTERNATIONAL CLEAN ENERGY LTD

RE SHUNFENG INTERNATIONAL CLEAN ENERGY LTD

The Company failed to produce a concrete restructuring proposal or a scheme put to creditors; a four-page non-binding term sheet and letters from some unsecured creditors (66% in value; 4 of 12 in number) do not satisfy the requirements for adjournment, therefore the court made the ordinary winding up order.

Citation
[2025] HKCFI 6238
Parties
Company: Shunfeng International Clean Energy Limited （順風國際清潔能源有限公司）; Supporting Creditor: Rainbow Fort Investment Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 December 2025
Case Number
HCCW84/2025
Procedural Posture
Companies Winding Up Proceedings / Adjourned Petition Hearing for Winding Up / Reasons for Judgment
Outcome
Winding up order made
Legal Topics
Winding Up, Scheme of Arrangement, Adjournment, Insolvency
Source Language
EN
Company Law Insolvency Restructuring Winding Up Scheme of Arrangement Adjournment

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Parties

Shunfeng International Clean Energy Limited （順風國際清潔能源有限公司）

Company

Rainbow Fort Investment Limited

Supporting Creditor

Procedural Posture

Companies Winding Up Proceedings / Adjourned Petition Hearing for Winding Up / Reasons for Judgment

Legal Issues

  1. 1 Whether the petition should be further adjourned to permit a restructuring proposal to be finalised and put to creditors
  2. 2 Whether a non-binding term sheet and limited creditor support suffice to justify an adjournment
  3. 3 Whether the Company has produced a concrete scheme of arrangement for creditors' consideration

Ratio Decidendi

The Company failed to produce a concrete restructuring proposal or a scheme put to creditors; a four-page non-binding term sheet and letters from some unsecured creditors (66% in value; 4 of 12 in number) do not satisfy the requirements for adjournment, therefore the court made the ordinary winding up order.

Court Disposition

Winding up order made

Orders

  • Winding up order made against the Company
  • Attendance of Koo, Li & Partners LLP for the Supporting Creditor excused