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HCA 778/2021, HCA 798/2021,
HCA 1418/2021 and HCA 1442/2021
(HEARD TOGETHER)
[2022] HKCFI 636
HCA 778/2021
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 778 OF 2021
____________________
| BETWEEN |
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NUOXI CAPITAL LIMITED（諾熙資本有限公司） |
Plaintiff |
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(IN LIQUIDATION IN THE BRITISH VIRGIN ISLANDS) |
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and |
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PEKING UNIVERSITY FOUNDER GROUP |
Defendant |
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COMPANY LIMITED（北大方正集團有限公司） |
|
| ____________________ |
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 798 OF 2021
____________________
| BETWEEN |
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FOUNDER INFORMATION (HONG KONG) LIMITED |
Plaintiff |
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（香港方正資訊有限公司）(IN LIQUIDATION) |
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| and |
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PEKING UNIVERSITY FOUNDER GROUP |
Defendant |
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COMPANY LIMITED（北大方正集團有限公司） |
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| ____________________ |
________________________
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 1418 OF 2021
| ____________________ |
| BETWEEN |
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HONGKONG JHC CO., LIMITED（香港京慧誠有限公司） |
Plaintiff |
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(IN LIQUIDATION) |
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| and |
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PEKING UNIVERSITY FOUNDER GROUP |
Defendant |
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COMPANY LIMITED（北大方正集團有限公司） |
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| ____________________ |
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 1442 OF 2021
| ____________________ |
| BETWEEN |
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KUNZHI LIMITED（坤智有限公司） |
Plaintiff |
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(IN LIQUIDATION IN THE BRITISH VIRGIN ISLANDS) |
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| and |
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PEKING UNIVERSITY FOUNDER GROUP |
Defendant |
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COMPANY LIMITED（北大方正集團有限公司） |
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| _____________________ |
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(HEARD TOGETHER) |
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| Before: |
Hon Harris J in Chambers |
| Date of Hearing: |
22 February 2022 |
| Date of Decision: |
22 February 2022 |
| Date of Reasons for Decision: |
4 March 2022 |
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REASONS FOR DECISION
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1. On 17 December 2021, I dismissed the Defendant’s application to stay the Actions. On 22 February 2022, I dismissed the Defendant’s application (which I had heard on 18 February 2022) for leave to appeal that decision. Also on 22 February 2022 I heard a case management conference and made directions for the further conduct of the Actions leading to a trial commencing on 11 January 2023.
2. Also on 17 December 2021 I made an order in HCMP 1831 of 2021 for recognition of the Administrators of the Defendant. This included in [5]–[9] directions intended to facilitate cooperation between the Hong Kong court and the Beijing No.1 Intermediate People’s Court (“Beijing Court”), which has conduct of the Administration of the Defendant. One reason for making comprehensive directions at this stage for the progress of the Actions is in order that the Beijing Court has some idea as to how the Actions will progress subject to the Beijing Court taking up the Hong Kong court’s suggestion that the two courts consider cooperating with a view to identifying issues, which arise in both the Actions and the Administration, and agreeing, with the involvement of the Parties, which court determines, which issue. If this were to happen it may well be that the directions will have to be amended.
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(Jonathan Harris)
Judge of the Court of First Instance
High Court |
Mr Look Chan Ho, instructed by Addleshaw Goddard (Hong Kong) LLP, for the plaintiffs (in HCA 778 & 798 & 1418 & 1442/2021)
Mr José-Antonio Maurellet SC, Mr Tom Ng and Ms Jasmine Cheung, instructed by Freshfields Bruckhaus Deringer, for the defendant (in HCA 778 & 798 & 1418 & 1442/2021)
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