HSIN CHONG CONSTRUCTION COMPANY LIMITED (IN LIQUIDATION) V. BUILD KING CONSTRUCTION LIMITED
Outcome
Appeal allowedThe appeal is unanimously allowed and we make the orders referred to in paragraphs 42 and 43 above.
Source: [2021] HKCFA 14, Court of Final Appeal, decided 13 May 2021. Read directly from the judgment.
Practice Areas
Judges (5)
Counsel (7)
Case Significance
HSIN CHONG CONSTRUCTION COMPANY LIMITED (IN LIQUIDATION) V. BUILD KING CONSTRUCTION LIMITED [2021] HKCFA 14 is a Court of Final Appeal decision of 13 May 2021 concerning bankruptcy and insolvency and construction and building disputes, engaging the Companies (Winding Up and Miscellaneous Provisions) Ordinance. The Court of Final Appeal's holding was: "The appeal is unanimously allowed and we make the orders referred to in paragraphs 42 and 43 above," recorded in the register as an appeal allowed.
The decision was followed by a further Court of Final Appeal ruling between the same parties, HSIN CHONG CONSTRUCTION COMPANY LIMITED (IN LIQUIDATION) V. BUILD KING CONSTRUCTION LIMITED [2021] HKCFA 20, and was later cited in Court of First Instance proceedings brought by the liquidators of a related entity, JOINT AND SEVERAL LIQUIDATORS OF HSIN CHONG CONSTRUCTION (ASIA) LTD V. WONG PO KEE LTD AND OTHERS [2025] HKCFI 1020 and [2025] HKCFI 2696.
Summary
Hsin Chong Construction Company Limited (in liquidation) appealed regarding the retrospective validation of dispositions of company property made after commencement of winding up under section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance. The Court considered the proper test for granting validation orders. The appeal was unanimously allowed and the validation orders were set aside.
What did the Court of Final Appeal decide in HSIN CHONG CONSTRUCTION COMPANY LIMITED (IN LIQUIDATION) V. BUILD KING CONSTRUCTION LIMITED [2021] HKCFA 14?
In HSIN CHONG CONSTRUCTION COMPANY LIMITED (IN LIQUIDATION) V. BUILD KING CONSTRUCTION LIMITED [2021] HKCFA 14, the Court of Final Appeal held that "the appeal is unanimously allowed and we make the orders referred to in paragraphs 42 and 43 above," recording the outcome as an appeal allowed.
What area of law does HSIN CHONG CONSTRUCTION COMPANY LIMITED (IN LIQUIDATION) V. BUILD KING CONSTRUCTION LIMITED [2021] HKCFA 14 concern?
HSIN CHONG CONSTRUCTION COMPANY LIMITED (IN LIQUIDATION) V. BUILD KING CONSTRUCTION LIMITED [2021] HKCFA 14 concerns bankruptcy and insolvency and construction and building disputes, engaging the Companies (Winding Up and Miscellaneous Provisions) Ordinance in a Court of Final Appeal decision dated 13 May 2021.
What later proceedings cite HSIN CHONG CONSTRUCTION COMPANY LIMITED (IN LIQUIDATION) V. BUILD KING CONSTRUCTION LIMITED [2021] HKCFA 14?
The decision was cited in a further Court of Final Appeal ruling between the same parties, [2021] HKCFA 20, and in later Court of First Instance proceedings, JOINT AND SEVERAL LIQUIDATORS OF HSIN CHONG CONSTRUCTION (ASIA) LTD V. WONG PO KEE LTD AND OTHERS [2025] HKCFI 1020 and [2025] HKCFI 2696.
Statutes Cited
Cases Cited (12)
Cited By (3)
Citation influence
HKLII records this judgment as cited by 4 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.
Related cases
Other Hong Kong judgments involving the same parties or counsel.
Judgment
Read the full judgment on the official Hong Kong Courts portal.
Read on HKLIISource: HKLII ([2021] HKCFA 14)