Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Resumption conditions

Legal area

Court

7 Dec 2020

TENWOW INTERNATIONAL HOLDINGS LTD (IN PROVISIONAL LIQUIDATION) v. THE STOCK EXCHANGE HONG KONG LTD (“SEHK”)

Citation

[2020] HKCFI 2982
Court

Court of First Instance
Case number

HCAL2294/2020

Leave to apply for judicial review was refused because the proposed grounds were not reasonably arguable: the LRC had adequately addressed the Company's submissions including Covid-19 delays, properly applied GL95-18 and Listing Rules, there was no material failure to take into account relevant considerations or unlawful fettering of discretion, and the Decision was not irrational or Wednesbury unreasonable given outstanding uncertainties about restructuring and unfulfilled resumption conditions.
27 May 2020

RE SUPERB SUMMIT INTERNATIONAL GROUP LTD

Citation

[2020] HKCFI 892
Court

Court of First Instance
Case number

HCAL336/2020

Leave was refused because the Company failed to establish a reasonably arguable case; the Listing Committee and Listing Review Committee lawfully cancelled the listing under Rule 6.01A given the Company's failure to satisfy resumption conditions (notably absence of audited financial statements and no timetable), and the procedural complaints did not demonstrate material unfairness or Wednesbury unreasonableness that could have altered the outcome.