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FAMV No. 152 of 2020
[2020] HKCFA 36
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 152 OF 2020 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACV NO. 321 OF 2019)
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| BETWEEN |
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HSIN CHONG CONSTRUCTION COMPANY LIMITED |
Applicant |
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(in provisional liquidation) |
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and |
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BUILD KING CONSTRUCTION LIMITED |
Respondent |
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| Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Cheung PJ |
| Date of Hearing and Determination: 12 November 2020 |
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DETERMINATION
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Mr Justice Fok PJ:
1. We grant leave to appeal, exceptionally, on the or otherwise basis that it is reasonably arguable that in granting and affirming the validation orders set out in paragraph 3 and paragraph 4(b) of the Order dated 13 June 2019 the courts below misapplied section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap.32).
2. The appeal will be heard on 2 March 2021.
| (R A V Ribeiro) |
(Joseph Fok) |
(Andrew Cheung) |
| Permanent Judge |
Permanent Judge |
Permanent Judge |
Mr Audrey Eu SC, Mr John Hui and Mr Anson Wong Yu Yat, instructed by Wilkinson & Grist, for the Applicant
Mr Charles Manzoni SC, instructed by Hogan Lovells, for the Respondent
The Official Receiver, attendance excused
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