20 Jul 2022
CHINA METAL RECYCLING (HOLDINGS) LTD (IN LIQUIDATION) AND ANOTHER v. UBS AG AND ANOTHER
- Citation
- [2022] HKCFI 2215
- Court
- Court of First Instance
- Case number
- HCA1348/2019
The s275 claim pleaded in the action was commenced by writ in breach of the mandatory Rule 58 of the Companies (Winding Up) Rules which requires such claims to be made by summons in the winding up proceedings; the Rules of the High Court do not cure that defect for winding up proceedings; plaintiffs had already issued a proper 275 summons in the parallel winding up proceedings and maintaining the duplicate claim here was an abuse of process; accordingly the relevant paragraphs pleading the s275 claim are struck out and costs awarded to the defendant.