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Hong Kong corporate insolvency

Arjowiggins HKK 2 Ltd v Shandong Chenming Paper Holdings Ltd

[2024] HKCA 352
JurisdictionHong Kong
CourtHK Court of Appeal
Year2024
StatusBinding authority

Summary

Court of Appeal elucidated the scope of insolvency procedures and powers in the context of corporate insolvency proceedings in Hong Kong.

Key Principle

The Court of Appeal elucidated the scope of certain insolvency procedures and powers.

Area of Law

insolvency

Related Cases

Stubbings v Jams 2 International Pty Ltd (2022) 399 ALR 409

In unfair preference claims, payments and supplies within a continuing business relationship are assessed as a whole under the running account principle, not individually.

Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233

HCA held that a creditor's statutory demand under s.459E Corporations Act cannot be set aside merely because the company disputes the debt; a genuine dispute on substantial grounds must be shown.

Vince v ASIC [2021] FCAFC 69

Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.

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