18 Jun 2025
THE BANK OF NEW YORK MELLON, LONDON BRANCH v. XJ INTERNATIONAL HOLDINGS CO., LTD
- Citation
- [2025] HKCA 481
- Court
- Court of Appeal
- Case number
- CACV372/2024
The Court held it was at least reasonably arguable that, given the Trust Deed, Conditions and Global Certificate definitions, 'holder of this Global Certificate' could properly be construed as the registered holder (the Nominee Company); absence of evidence that the Nominee gave the requisite notice (or presented the Global Certificate) meant a bona fide dispute existed on substantial grounds as to the petitioned debt, justifying dismissal of the winding up petition.