Kwun-Yee Cheung


In Lasmos Ltd v. Southwest Pacific Bauxite (HK) Ltd (02/03/2018, HCCW 277/2017), [2018] HKCFI 426 (“Lasmos“), the Court of First Instance held that a winding-up petition based on a disputed debt may be dismissed if there was an arbitration clause in the underlying agreement, upon which arbitration has commenced.

This decision broadens the traditional ground of dismissal, which previously required the subject company to demonstrate that it had a bona fide defence on substantial grounds to the underlying debt. The decision also clarifies the circumstances where winding-up proceedings will prevail. 

Recent developments

The Hong Kong court in Re The Joint Liquidators of Supreme Tycoon Limited (in liquidation in the British Virgin Islands) (08/02/2018, HCMP833/2017), [2018] HKCFI 277 (“Re Supreme Tycoon”) has, for the first time, granted recognition and assistance to foreign liquidators appointed in a creditors’ voluntary winding-up.

In our previous alert of Hong Kong Court Paves a Clear Path for the Recognition and Assistance of Foreign Liquidators, we discussed the Hong Kong court’s willingness to accede to letters of request issued by foreign courts for the recognition and assistance of foreign liquidators in compulsory liquidations.