17 Mar 2023
CHINA METAL RECYCLING (HOLDINGS) LTD (IN LIQUIDATION) AND ANOTHER v. UBS AG AND ANOTHER
- Citation
- [2023] HKCA 409
- Court
- Court of Appeal
- Case number
- CACV384/2022
The Court held that commencing the section 275 fraudulent trading claim by writ rather than by the summons mandated by rule 58 was a formal defect or irregularity which, absent substantial unremediable injustice, is capable of being cured by rule 209(1) of the Winding-up Rules; accordingly the writ claim was not invalidated and the strike-out order was dismissed and the appeal allowed.