Hong Kong Case Law: Decisions & Judgments

Topic

Provisional liquidation

Legal area

Court

12 Feb 2026

CHEN BING CHUEN ALBERT (陳炳泉) v. CHINA STEM CELLS HOLDINGS LIMITED

Citation

[2026] HKCFA 8
Court

Court of Final Appeal
Case number

FAMV138/2025

The judge was entitled to make necessary findings on collateral matters relevant to the agreed preliminary issues; on the evidence the Impugned Documents were created on or after 29 September 2022 and were backdated and therefore void for want of authority, and alternatively (if not backdated) were procured by directors in breach of fiduciary duties and voidable; accordingly the leave applications raised no reasonably arguable point of general importance and were dismissed with costs.
12 Feb 2026

CHEN BING CHUEN ALBERT (陳炳泉) v. CHINA STEM CELLS (SOUTH) COMPANY LIMITED (INCORPORATED IN THE BRITISH VIRGIN ISLANDS)

Citation

[2026] HKCFA 8
Court

Court of Final Appeal
Case number

FAMV139/2025

The Judge properly assessed credibility and ancillary factual matters necessary to resolve the agreed preliminary issues; objective evidence established the Impugned Documents were backdated and therefore void for want of authority and, alternatively, even if executed earlier they were procured in breach of directors' fiduciary duties and voidable; the proposed leave questions were case‑specific and not reasonably arguable, so leave to appeal was refused.
12 Feb 2026

CHEN BING CHUEN ALBERT (陳炳泉) v. CHINA STEM CELLS (EAST) COMPANY LIMITED

Citation

[2026] HKCFA 8
Court

Court of Final Appeal
Case number

FAMV140/2025

Leave to appeal refused because the judge properly resolved issues necessary to decide the agreed preliminary issues: objective and documentary evidence supported the finding that the impugned transfers and allotments were backdated and therefore void for want of authority; alternatively, the acts constituted breaches of fiduciary duty rendering them voidable; the judge acted within scope in assessing related facts and credibility, and the applicants' grounds were not reasonably arguable.
25 Aug 2025

WAH WO ALUMINIUM WORK COMPANY LTD v. PAUL Y. BUILDERS LTD

Citation

[2025] HKCFI 4112
Court

Court of First Instance
Case number

HCCW12/2025

The court accepted the provisional liquidators' reasonable view that continuing provisional liquidation was necessary to preserve licences and enable completion of rectification works which would likely yield a better outcome for creditors; accordingly the petition was adjourned and the provisional liquidators were ordered to file a progress report and affirmation by specified dates.
15 Aug 2025

LEAD GOOD GROUP LTD v. CREDITLAND GROUP LTD AND OTHERS

Citation

[2025] HKCFI 3646
Court

Court of First Instance
Case number

HCCT2/2024

Because the BVI insolvency had not been recognised in Hong Kong and the creditors (including Lead Good) had not sought recognition, and because Royue failed to establish sharp conduct or undue prejudice beyond the inevitable priority conferred by a charging order, the court followed British Arab Commercial and OOO Nevskoe and held that an unrecognised foreign insolvency does not automatically prevent making a charging order absolute; accordingly the charging order absolute was upheld and the appeal dismissed.
21 May 2025

CHINA STEM CELLS (EAST) COMPANY LTD v. CHEN BING CHUEN ALBERT AND OTHERS

Citation

[2025] HKCA 326
Court

Court of Appeal
Case number

CACV87/2024

The Court upheld the Judge's factual findings that the Impugned Documents were created on or after 29 September 2022 and backdated to 12-13 September 2022 and therefore void for want of authority, and alternatively voidable for breach of fiduciary duty; the Judge permissibly considered evidence about the 2019 Security Arrangement to assess credibility and breaches insofar as relevant to determination of the preliminary issues; any misstatement about pleadings or evidential-shift was non-material because the Judge positively found backdating on the evidence; appeals were dismissed.
21 May 2025

CHINA STEM CELLS (EAST) COMPANY LTD v. CHEN BING CHUEN ALBERT AND OTHERS

Citation

[2025] HKCA 326
Court

Court of Appeal
Case number

CACV92/2024

The Court held the judge did not err: the objective facts and credibility findings supported the conclusion that the impugned transfer, allotment and appointment documents were created on or after 29 September 2022 and backdated, rendering them void for want of authority and/or voidable for breach or improper purpose; the judge was entitled to consider related factual matters (including aspects of the 2019 Security Arrangement) insofar as relevant to credibility and breach, and any mischaracterisation of evidential burden was immaterial to the outcome. Appeals dismissed.
21 May 2025

CHINA STEM CELLS (SOUTH) COMPANY LTD (INCORPORATED IN THE BRITISH VIRGIN ISLANDS) v. ZHENG TING AND OTHERS

Citation

[2025] HKCA 326
Court

Court of Appeal
Case number

CACV86/2024

The Court of Appeal upheld the trial judge's findings that the impugned transfer, allotment and appointment documents were created on or after 29 September 2022 and backdated to 12-13 September 2022 and were therefore void for want of authority (and alternatively voidable for breach of fiduciary duty or improper purpose); the judge did not err in considering evidence about the 2019 Security Arrangement insofar as relevant to credibility and fiduciary issues; any discussion of evidential burden did not affect the outcome; appeals by Tina, Albert and PIML are dismissed and the costs order in fa…
21 May 2025

CHINA STEM CELLS HOLDINGS LTD v. ZHENG TING AND OTHERS

Citation

[2025] HKCA 326
Court

Court of Appeal
Case number

CACV84/2024

The Court affirmed the trial judge's findings that the Impugned Documents were created on or after 29 September 2022 and backdated to 12-13 September 2022 (thus void for want of authority and/or voidable for breach of fiduciary duty), that CISIL and MS had requisite knowledge, and that the judge did not err in considering the 2019 Security Arrangement or in her handling of evidential burden; appeals were dismissed.
21 May 2025

CHINA STEM CELLS HOLDINGS LTD v. ZHENG TING AND OTHERS

Citation

[2025] HKCA 326
Court

Court of Appeal
Case number

CACV85/2024

The impugned documents were held to have been created on or after 29 September 2022 and backdated based on corroborated objective facts, inconsistencies and unreliability in defendants' evidence, and the absence of contemporaneous supporting documentation; the trial judge acted within bounds in considering related matters (including aspects of the 2019 Security Arrangement) relevant to credibility and breach issues; any mistaken comment on pleadings or evidential burden did not materially affect outcome; therefore the appeals lacked merit and were dismissed.