AD HOC COMMITTEE (COMPRISING CMB WING LUNG BANK LTD AND THE EXPORT- IMPORT BANK OF CHINA) V. CHINA LIFE TRUSTEES LIMITED (and 1 other)

[2024] HKCFA 15 Court of Final Appeal 14 June 2024 • FACV9/2023; FACV10/2023 • 69 min read
15 cases cited (0 HK, 15 foreign) Cited by 6 cases

Judges (5)

Counsel (9)

Parties (7)

Case Significance

AD HOC COMMITTEE (COMPRISING CMB WING LUNG BANK LTD AND THE EXPORT-IMPORT BANK OF CHINA) V. CHINA LIFE TRUSTEES LIMITED (AND 1 OTHER) [2024] HKCFA 15 came before the Court of Final Appeal on 14 June 2024, engaging the Companies (Winding Up and Miscellaneous Provisions) Ordinance and the Land Registration Ordinance. The same dispute returned to the Court of Final Appeal in AD HOC COMMITTEE (COMPRISING CMB WING LUNG BANK LTD AND THE EXPORT-IMPORT BANK OF CHINA) V. CHINA LIFE TRUSTEES LIMITED (AND 1 OTHER) [2024] HKCFA 23. Later decisions referencing this judgment include WANG SHULIANG V. PAN DAMING AND OTHERS [2024] HKCFI 3363 and PEKING UNIVERSITY FOUNDER GROUP COMPANY LIMITED (北大方正集團有限公司) V. NUOXI CAPITAL LIMITED (諾熙資本有限公司) (IN LIQUIDATION IN THE BRITISH VIRGIN ISLANDS) (AND 2 OTHERS) [2025] HKCFA 6.

Summary

An ad hoc committee of creditors comprising CMB Wing Lung Bank and the Export-Import Bank of China appealed against China Life Trustees Limited in insolvency proceedings. The case raised questions about the proper approach to creditor priorities and the administration of insolvent estates. The appeal addressed important questions of insolvency law.

What ordinances were engaged in AD HOC COMMITTEE v CHINA LIFE TRUSTEES LIMITED [2024] HKCFA 15?

The Court of Final Appeal decision AD HOC COMMITTEE (COMPRISING CMB WING LUNG BANK LTD AND THE EXPORT-IMPORT BANK OF CHINA) V. CHINA LIFE TRUSTEES LIMITED (AND 1 OTHER) [2024] HKCFA 15, dated 14 June 2024, engaged the Companies (Winding Up and Miscellaneous Provisions) Ordinance and the Land Registration Ordinance.

Statutes Cited

Cases Cited (15)

UK (10)
[1970] AC 567 [1983] 1 AC 598 [1993] AC 70 [1995] 1 AC 74 [1996] AC 669 [2002] 2 AC 164 [2015] EWCA Civ 59 [2019] EWCA Civ 294 [2022] 1 WLR 2087 [2022] UKPC 8
AU (2)
[2012] NSWCA 135 [2024] HCA 16
HK (3)
[2022] HKCFI 795 [2023] HKCA 1251 [2023] HKCA 966

Cited By (6)

Citation influence

HKLII records this judgment as cited by 10 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 HKLII

Source: HKLII ([2024] HKCFA 15)