Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bondholder rights
  • 8 Apr 2025

    FU QIKE v. CHINA FIRST CAPITAL GROUP LTD

    Citation
    [2025] HKCFI 1441
    Court
    Court of First Instance
    Case number
    HCCW559/2023

    On the evidence and contractual matrix (placing agreement, placing letter, customer agreement, register entries, supplemental deed poll and Ordinary Resolution) the Court concluded Yin is a registered bondholder and has locus to present the winding-up petition; the Company failed to show a bona fide dispute on substantial grounds as to Yin's and Wu's debts; Wu has locus by virtue of the Enforcement Order converting the arbitral award into a judgment debt; accordingly the Court acceded to the substitution applications and ordered the petition relisted before Master and costs against the Compan…