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Hong Kong Case Law

Bona fide defence requirement in winding-up petitions
  • 25 Oct 2023

    RE SHANDONG CHENMING PAPER HOLDINGS LTD

    Citation
    [2023] HKCFI 2731
    Court
    Court of First Instance
    Case number
    HCCW175/2017

    Leave to appeal was granted because there are conflicting first‑instance decisions on whether Guy Lam applies to arbitration clauses in the context of winding‑up petitions; the issue is of sufficient importance and public interest to warrant appellate clarification, and the Court of Appeal should have the opportunity to determine the correct application of the Lasmos approach and the bona fide defence requirement in this context.

    • Winding-up petitions
    • Arbitration clause and stay of proceedings
    • Bona fide defence requirement in winding-up petitions
    • Lasmos approach
    • Leave to appeal