ARJOWIGGINS HKK 2 LTD V. SHANDONG CHENMING PAPER HOLDINGS LTD

[2024] HKCA 352 Court of Appeal 23 April 2024 • CACV347/2023 • 36 min read

29 cases cited (1 HK, 28 foreign) Cited by 3 cases

Outcome

Leave to appeal granted

leave to appeal to the Court of Final Appeal was granted focused on the situation where the petition debt is disputed.

Source: [2024] HKCA 352, Court of Appeal, decided 23 April 2024. Read directly from the judgment.

Judges (3)

Barma Coram G Lam Coram Kwan Coram

Counsel (8)

C.L. Chow & Macksion Chan Firm King & Wood Mallesons Firm Alexander Tang Counsel Respondent Chow Ho Kiu Counsel Petitioner Jason Fee Counsel Respondent Laurence Li SC Counsel Petitioner Sik Chee Ching Counsel Petitioner Victor Joffe SC Counsel Respondent

Case Significance

Arjowiggins HKK 2 Ltd v. Shandong Chenming Paper Holdings Ltd [2024] HKCA 352, decided by the Court of Appeal on 23 April 2024, held that leave to appeal to the Court of Final Appeal was granted focused on the situation where the petition debt is disputed. The decision follows an earlier stage of the same dispute, Shandong Chenming Paper Holdings Limited v. Arjowiggins HKK 2 Limited [2022] HKCFA 11, and was handed down alongside the related matter Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] HKCA 299.

It has since been cited in CF v. SHK [2024] HKCFI 1493 and Re Man Chun Sing Matthew (and 1 other) [2024] HKCFI 2286.

What did the Court of Appeal grant in Arjowiggins HKK 2 Ltd v. Shandong Chenming Paper Holdings Ltd ([2024] HKCA 352)?

In Arjowiggins HKK 2 Ltd V. Shandong Chenming Paper Holdings Ltd [2024] HKCA 352, the Court of Appeal granted leave to appeal to the Court of Final Appeal, focused on the situation where the petition debt is disputed.

How does Arjowiggins HKK 2 Ltd v. Shandong Chenming Paper Holdings Ltd relate to earlier proceedings ([2024] HKCA 352)?

Arjowiggins HKK 2 Ltd V. Shandong Chenming Paper Holdings Ltd [2024] HKCA 352 traces back to Shandong Chenming Paper Holdings Limited v. Arjowiggins HKK 2 Limited [2022] HKCFA 11, and connects to the companion decision Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] HKCA 299.

Statutes Cited

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

Companies Ordinance (Cap 622)

Cases Cited (29)

SG (1)

[2020] SGCA 33

UK (9)

[1903] 1 Ch 70 [1987] 1 WLR 119 [1992] 1 WLR 351 [1994] 1 WLR 1634 [1999] 1 WLR 147 [2004] EWCA Civ 463 [2005] EWHC 3241 [2005] EWHC 422 [2018] EWHC 1902

MY (1)

[1980] MLJ 53

HK (18)

(2008) 11 HKCFAR 117 (2022) 25 HKCFAR 98 (2023) 26 HKCFAR 119 [1997] HKLRD 1039 [2003] 4 HKC 104 [2006] 2 HKLRD 562 [2009] 5 HKLRD 487 [2017] 4 HKLRD 84 [2020] 5 HKLRD 712 [2020] HKCA 670 [2022] 4 HKLRD 793 [2022] HKCFA 11 [2022] HKCFI 128 [2022] HKCFI 859 [2023] HKCFI 1623 [2023] HKCFI 2065 [2023] HKCFI 2731 [2024] HKCA 299

Cited By (3)

[2024] HKCFI 2286

RE MAN CHUN SING MATTHEW (and 1 other)

[2024] HKCFI 1493

CF V. SHK

[2024] HKCA 299

RE SIMPLICITY & VOGUE RETAILING (HK) CO LTD

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.

[2024] HKCA 299 Court of Appeal

23 April 2024

[2024] HKCFI 2286 Court of First Instance

30 August 2024

[2024] HKCFI 1493 Court of First Instance

4 June 2024

[2025] HKCFI 3316 Court of First Instance

31 July 2025