THE JOINT AND SEVERAL TRUSTEE OF THE PROPERTY OF SO CHING WAN V. ASSEN LTD (IN LIQUIDATION) AND OTHERS

[2025] HKCA 1107 Court of Appeal 11 December 2025 • CACV339/2024 • 38 min read

15 cases cited (0 HK, 15 foreign)

Outcome

Appeal dismissed

the appeal is dismissed.

Source: [2025] HKCA 1107, Court of Appeal, decided 11 December 2025. Read directly from the judgment.

Judges (3)

Au Coram Cheung Coram Chow Coram

Counsel (4)

Johnnie Yam, Jacky Lee & Co Firm K B Chau & Co Firm Kurt Ng Counsel Respondent Valerie Kwok Counsel Applicant

Parties (5)

Assen Limited Respondent The Joint and Several Trustee of the Property of So Ching Wan Applicant Cheung Cho Yi Natalie Respondent Cheung Ying Ho Respondent Lam Yuk Chun Respondent

Case Significance

THE JOINT AND SEVERAL TRUSTEE OF THE PROPERTY OF SO CHING WAN V. ASSEN LTD (IN LIQUIDATION) AND OTHERS [2025] HKCA 1107 was a Court of Appeal decision arising from bankruptcy and companies winding-up proceedings, engaging the Bankruptcy Ordinance section 29(1), the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Companies Ordinance section 199, and the Rules of the High Court. The Court of Appeal held that "the appeal is dismissed." The decision followed THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF SO CHING WAN V. ASSEN LTD (IN LIQUIDATION) AND OTHERS [2024] HKCFI 1877 at first instance.

Summary

Non-refoulement claimant applied for leave to appeal to the Court of Final Appeal against the Court of Appeal's dismissal of the judicial review appeal. The applicant raised only fact-specific allegations and did not identify any error. The application was refused.

What did the Court of Appeal decide in the So Ching Wan trustee appeal [2025] HKCA 1107?

In THE JOINT AND SEVERAL TRUSTEE OF THE PROPERTY OF SO CHING WAN V. ASSEN LTD (IN LIQUIDATION) AND OTHERS [2025] HKCA 1107, the Court of Appeal held that "the appeal is dismissed," concerning bankruptcy and companies winding-up under the Bankruptcy Ordinance and Companies Ordinance section 199.

What first-instance decision preceded [2025] HKCA 1107?

The appeal followed THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF SO CHING WAN V. ASSEN LTD (IN LIQUIDATION) AND OTHERS [2024] HKCFI 1877, decided under provisions including Bankruptcy Ordinance section 29(1) and the Rules of the High Court.