9 Sept 2021
SHANDONG CHENMING PAPER HOLDINGS LTD v. ARJOWIGGINS HKK 2 LTD
- Citation
- [2021] HKCA 1281
- Court
- Court of Appeal
- Case number
- CACV158/2017
The application for leave to appeal was dismissed because the questions posed either did not arise on the facts or were not reasonably arguable; established authority requires the court to assess whether a winding-up order would reasonably benefit the petitioning creditor, Hong Kong law permits creditors to petition for payment of debts, and there is no additional requirement that the lex incorporationis permit winding-up before Hong Kong may exercise jurisdiction; accordingly leave to appeal to the Court of Final Appeal was refused and costs ordered against the plaintiff.