RE SIMPLICITY & VOGUE RETAILING (HK) CO LTD

[2024] HKCA 299 Court of Appeal 23 April 2024 • CACV183/2023 • 27 min read

12 cases cited (0 HK, 12 foreign) Cited by 3 cases

Outcome

Petition dismissed

the petition was dismissed, as it was found by the judge there was no credible evidence to show that if given time the Condition would be complied with.

Source: [2024] HKCA 299, Court of Appeal, decided 23 April 2024. Read directly from the judgment.

Judges (3)

Barma Coram G Lam Coram Kwan Coram

Counsel (6)

Herbert Smith Freehills Firm W K To & Co Firm Clifford Smith Counsel Respondent Danny Tang Counsel Petitioner Eva Sit Counsel Petitioner Tommy Cheung Counsel Respondent

Case Significance

Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] HKCA 299 is a Court of Appeal decision dated 23 April 2024 concerning a winding-up petition. The Court dismissed the petition, holding that "the petition was dismissed, as it was found by the judge there was no credible evidence to show that if given time the Condition would be complied with." The decision was handed down alongside the related matter Arjowiggins HKK 2 Ltd v. Shandong Chenming Paper Holdings Ltd [2024] HKCA 352.

The decision has since been cited in Re Man Chun Sing Matthew (and 1 other) [2024] HKCFI 2286 and Re Chan Chiu Sum Royden [2026] HKCFI 2255.

Why was the petition dismissed in Re Simplicity & Vogue Retailing (HK) Co Ltd ([2024] HKCA 299)?

In Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] HKCA 299, the Court of Appeal dismissed the petition because the judge found no credible evidence to show that, if given time, the Condition would be complied with.

Which case is linked to Re Simplicity & Vogue Retailing (HK) Co Ltd on appeal ([2024] HKCA 299)?

Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] HKCA 299 is connected to Arjowiggins HKK 2 Ltd v. Shandong Chenming Paper Holdings Ltd [2024] HKCA 352, a related Court of Appeal winding-up decision handed down the same day, 23 April 2024.

Statutes Cited

Arbitration Ordinance (Cap 609)

Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32)

Cases Cited (12)

UK (2)

[2015] Ch 589 [2020] EWHC 2075

HK (10)

(2023) 26 HKCFAR 119 [1997] HKLRD 828 [2015] 4 HKLRD 52 [2018] 2 HKLRD 449 [2019] 4 HKLRD 85 [2019] 5 HKLRD 646 [2022] 4 HKLRD 793 [2023] HKCFI 1443 [2023] HKCFI 2065 [2024] HKCA 352

Cited By (3)

[2026] HKCFI 2255

RE CHAN CHIU SUM ROYDEN

[2024] HKCFI 2286

RE MAN CHUN SING MATTHEW (and 1 other)

[2024] HKCA 352

ARJOWIGGINS HKK 2 LTD V. SHANDONG CHENMING PAPER HOLDINGS LTD

Citation influence

HKLII records this judgment as cited by 9 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2024] HKCFI 2286 Court of First Instance

30 August 2024

[2024] HKCA 884 Court of Appeal

27 September 2024

[2024] HKCA 352 Court of Appeal

23 April 2024

[2025] HKCFI 5846 Court of First Instance

27 November 2025

[2025] HKCFI 2417 Court of First Instance

1 August 2025

[2026] HKCFI 2255 Court of First Instance

27 April 2026