14 Jun 2022
SHANDONG CHENMING PAPER HOLDINGS LIMITED v. ARJOWIGGINS HKK 2 LIMITED
- Citation
- [2022] HKCFA 11
- Court
- Court of Final Appeal
- Case number
- FACV4/2022
The Court held that the 2nd core requirement is satisfied where there is a reasonable possibility that invoking the court’s winding-up procedures (by presentation of a petition) will produce a sufficient benefit to the petitioner; that benefit may include commercial leverage arising from the prospect of winding-up (and need not be limited to benefits that arise only upon the making of a winding-up order); comity and forum-conveniens concerns did not preclude reliance on such leverage on the facts; the 2nd requirement is not subject to the moderation contended for by the appellant.