Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Locus standi to present petition

Legal area

Court

6 Mar 2013

RE PIONEER IRON AND STEEL GROUP CO LTD

Citation

RE PIONEER IRON AND STEEL GROUP CO LTD
Court

Court of First Instance
Case number

HCCW322/2010

The persons described as petitioners (the BVI liquidators) did not have locus under s179(1) and the purported identity error was not a mere formal defect remediable under amendment rules; accordingly the application to re-amend the petition to change the petitioner was dismissed. Notwithstanding that defect, the Court found there was a sufficient connection with Hong Kong (notably the Company's controlling mind resident here and investigatory benefits still to be obtained) and that a winding-up could be warranted; the petition was therefore adjourned to permit a proper party with locus (eg a…
2 Mar 1990

RE S. ZHONG SHAN INTERNATIONAL INVESTMENTS CO LTD

Citation

RE S. ZHONG SHAN INTERNATIONAL INVESTMENTS CO LTD
Court

Court of Appeal
Case number

CACV157/1989

The appeal was allowed in part: the court held that the petitioner's claimed debts were bona fide disputed on substantial grounds and could not found the winding up order, but on the documentary evidence Grandwin was a creditor whose claim was not bona fide disputed; Grandwin was substituted as petitioner under rule 33, permitted to amend and verify the petition and the winding up order was affirmed on that basis.