THE BANK OF NEW YORK MELLON, LONDON BRANCH V. XJ INTERNATIONAL HOLDINGS CO., LTD

[2025] HKCA 481 Court of Appeal 18 June 2025 • CACV372/2024 • 41 min read

8 cases cited (1 HK, 7 foreign) Cited by 1 case

Outcome

Application refused

the application was refused based on what is often referred to in this jurisdiction as the

Source: [2025] HKCA 481, Court of Appeal, decided 18 June 2025. Read directly from the judgment.

Judges (3)

Barma Coram Cheung Coram Chow Coram

Counsel (7)

Allen Overy Shearman Sterling Firm Chan King Wong and Co Firm Du Jinsong Counsel Respondent Jat Sew-Tong Counsel Petitioner Justin Ho Counsel Petitioner Shaun Elijah Tan Counsel Respondent Victor Joffe Counsel Respondent

Case Significance

In The Bank of New York Mellon, London Branch v. XJ International Holdings Co., Ltd [2025] HKCA 481, the Court of Appeal considered an application under the Companies (Winding Up and Miscellaneous Provisions) Ordinance, arising from the underlying decision in Re XJ International Holdings Co Ltd [2024] HKCFI 1378. The court's recorded holding reads: 'the application was refused based on what is often referred to in this jurisdiction as the.'

The court referred to authorities from multiple jurisdictions, including [2003] 4 HKC 637, [2023] 4 HKLRD 71, [2020] 2 SLR 744, [2008] EWCA Civ 1179, [2017] EWCA Civ 1486, [1969] 1 WLR 89 and [2012] 1 WLR 867. The decision was subsequently referred to in Ku Camey v. Ku Scarlet, the Executrix of the Estate of Chen Elsie, Deceased and Another [2025] HKCFI 5125.

Summary

Non-refoulement judicial review appeal heard by the Court of Appeal. The applicant sought to challenge the refusal of leave for judicial review of the Torture Claims Appeal Board's decision dismissing their non-refoulement claim. The applicant acted in person. The appeal was dismissed.

What was the outcome in The Bank of New York Mellon, London Branch v. XJ International Holdings Co., Ltd [2025] HKCA 481?

The Court of Appeal refused the application, with the recorded holding stating the refusal was 'based on what is often referred to in this jurisdiction as the,' arising from the winding-up proceedings in Re XJ International Holdings Co Ltd [2024] HKCFI 1378.

Which later case referred to [2025] HKCA 481?

The decision in The Bank of New York Mellon, London Branch v. XJ International Holdings Co., Ltd [2025] HKCA 481 was subsequently referred to in Ku Camey v. Ku Scarlet, the Executrix of the Estate of Chen Elsie, Deceased and Another [2025] HKCFI 5125.

Statutes Cited

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

Cases Cited (8)

SLR (1)

[2020] 2 SLR 744

UK (4)

[1969] 1 WLR 89 [2008] EWCA Civ 1179 [2012] 1 WLR 867 [2017] EWCA Civ 1486

HK (3)

[2003] 4 HKC 637 [2023] 4 HKLRD 71 [2024] HKCFI 1378

Cited By (1)

[2025] HKCFI 5125

KU CAMEY V. KU SCARLET, THE EXECUTRIX OF THE ESTATE OF CHEN ELSIE, DECEASED AND ANOTHER

Citation influence

HKLII records this judgment as cited by 1 later judgment. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2025] HKCFI 5125 Court of First Instance

19 November 2025