26 Nov 2021
EXCELLENT ASIA (BVI) LTD v. MAS MEDIA GROUP LTD
- Citation
- [2021] HKCFI 3605
- Court
- Court of First Instance
- Case number
- HCCW42/2020
The summons to re-amend and the petition were dismissed because the petitioner failed to plead or establish the third core requirement (no creditor other than the petitioner amenable to the court) and failed to demonstrate a concrete reasonable possibility that a Hong Kong winding-up order would benefit the petitioner (second core requirement); the petition was therefore defective and, once the jurisdictional deficiency was identified, the correct course was to issue proceedings in the Cayman Islands.