29 Feb 2024
WING SZE TIFFANY WONG AND EDWARD SIMON MIDDLETON IN THEIR CAPACITY AS THE JOINT AND SEVERAL LIQUIDATORS OF CHINA PROPERTIES GROUP LTD (IN LIQUIDATION) v. WONG SAI CHUNG AND OTHERS
- Citation
- [2024] HKCFI 539
- Court
- Court of First Instance
- Case number
- HCCW67/2022
The Liquidators' application for substantive relief under s.570 failed because they did not prove impracticability with empirical evidence, the application was procedurally defective (s.570 relief must be sought by originating summons under RHC O.102 r.2), and the court will not make orders affecting non-parties (the Hong Kong and BVI subsidiaries) or determine issues of foreign (BVI) law on a s.200(3) application; accordingly substantive relief under ss.570 and 200 was refused while undertakings and injunctions/limited relief were recorded where appropriate.