Case Details

Citation

SUNG CHUNG KWUN AND OTHERS v. ADDCHANCE HOLDINGS LTD AND OTHERS, HCA 2385/2017

Case Number

HCA 2385/2017

Registry reference: HCA2385BM/2017

Court

Court of First Instance

(CFI)

Decision Date

15 June 2022

Parties

Applicant(s):

SUNG CHUNG KWUN, POWERLINK INDUSTRIES LIMITED

Respondent(s):

ADDCHANCE HOLDINGS LIMITED, CHAMPION FOREVER GROUP LIMITED, ADDCHANCE LIMITED, CHINAKEY (HONG KONG) LIMITED, SKY EMPEROR INTERNATIONAL LIMITED, POON SUM, HAMMER CAPITAL, CHAMPION ALLIANCE

Judges

Mimmie Chan

SUNG CHUNG KWUN AND OTHERS v. ADDCHANCE HOLDINGS LTD AND OTHERS

[2022] HKCFI 1799

Court of First Instance15 June 2022

Judges:Mimmie Chan

HCA2385BM/2017 SUNG CHUNG KWUN AND OTHERS v. ADDCHANCE HOLDINGS LTD AND OTHERS

HCA 2385/2017
HCMP 2556/2017
(consolidated)

[2022] HKCFI 1799

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 2385 OF 2017

______________

BETWEEN
	SUNG CHUNG KWUN	1^st Plaintiff
	ADDCHANCE DYEING FACTORY LIMITED	2^nd Plaintiff
	POWERLINK INDUSTRIES LIMITED	3^rd Plaintiff
	and
	ADDCHANCE HOLDINGS LIMITED	1^st Defendant
	(NOW KNOWN AS “GTI HOLDINGS LIMITED”)
	CHAMPION FOREVER GROUP LIMITED	2^nd Defendant
	ADDCHANCE LIMITED	3^rd Defendant
	CHINAKEY (HONG KONG) LIMITED	4^th Defendant
	SKY EMPEROR INTERNATIONAL LIMITED	5^th Defendant
	POON SUM	6^th Defendant
	HAMMER CAPITAL	7^th Defendant
	PRIVATE INVESTMENTS LIMITED
	CHAMPION ALLIANCE	8^th Defendant
	INDUSTRIES LIMITED

______________

AND

MISCELLANEOUS PROCEEDINGS NO 2556 OF 2017

______________

	IN THE MATTER of Order 88 of the Rules of the High Court, Cap 4A
	and
	IN THE MATTER of the property known as G/F, 1/F – 9/F and the roof of Sung’s Tower (宋氏大廈) (formerly known as Kwai Chung Industrial Building (Phase II) (葵涌工業大廈(第二期))
	and
	IN THE MATTER of the property comprised in the second Mortgage dated 8 June 2015 made between (i) the Mortgagor ADDCHANCE DYEING FACTORY LIMITED (互益染廠有限公司); and (ii) the Security Trustee HANG SENG BANK, LIMITED and registered in the Land Registry by Memorial No 15061102430102
	and
	IN THE MATTER of the Debt Restructuring Deed dated 9 March 2017 made between (1) ADDCHANCE HOLDINGS LIMITED and others; (ii) CHAMPION FOREVER GROUP LIMITED; and (iii) HANG SENG BANK, LIMITED and others
	and
	IN THE MATTER of the assignment of Second Mortgage dated 28 September 2017 made between (i) the Security Trustee HANG SENG BANK, LIMITED; and (ii) CHAMPION FOREVER GROUP LIMITED and registered in the Land Registry by Memorial No 17101702150013
	and
	IN THE MATTER of an application for an order for possession and payment by CHAMPION FOREVER GROUP LIMITED

______________

BETWEEN
	CHAMPION FOREVER GROUP LIMITED	Plaintiff
	and
	ADDCHANCE DYEING FACTORY LIMITED	Defendant
	(互益染廠有限公司)

______________

(Consolidated by Order of Deputy High Court Judge Sherrington

dated 29 November 2018)

Before:

Hon Mimmie Chan J in Chambers (Open to Public)

Date of Hearing:	25 May 2022
Date of Decision:	15 June 2022

____________________

C O R R I G E N D U M

____________________

On the fourth line of paragraph 25 on page 15 of the Decision, the words “trustees’ claims” should read “beneficiaries’ claims”.

SUNG CHUNG KWUN AND OTHERS v. ADDCHANCE HOLDINGS LTD AND OTHERS

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Key citations