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

[2025] HKCA 653 Court of Appeal 26 June 2025 • CACV306/2019 • 9 min read

3 cases cited (0 HK, 3 foreign)

Outcome

Leave to appeal granted

leave to appeal is granted in the case where leave to appeal to the Court of Appeal is required under section 14AA of the High Court Ordinance.

Source: [2025] HKCA 653, Court of Appeal, decided 26 June 2025. Read directly from the judgment.

Practice Areas

Bankruptcy & Insolvency

Judges (1)

Eugene Fung Coram

Counsel (4)

Hom & Associates Firm K B Chau & Co Firm Felix T. L. Tang Counsel Applicant Ivy Ho Counsel Respondent

Case Significance

In The Joint and Several Trustees of the Property of So Ching Wan v. Assen Ltd (In Liquidation) and Others [2025] HKCA 653, the Court of Appeal addressed whether leave to appeal to the Court of Appeal was required under section 14AA of the High Court Ordinance, and if so, whether such leave should be granted. The court held: 'leave to appeal is granted in the case where leave to appeal to the Court of Appeal is required under section 14AA of the High Court Ordinance.'

The ruling followed earlier stages of the same trustee dispute with Assen Ltd (in liquidation), recorded in The Joint and Several Trustees of the Property of So Ching Wan v. Assen Ltd (In Liquidation) and Others [2024] HKCA 1189 and [2025] HKCA 314, and drew on the earlier authority [2001] 1 HKC 125.

Summary

Bankruptcy proceedings involving the trustees-in-bankruptcy of So Ching Wan against Assen Limited (in liquidation), Cheung Ying Ho, and others. The Court (Recorder Eugene Fung SC) dealt with procedural applications, finding the applicant had brought the application in disregard of procedural rules. Indemnity costs of $88,000 were awarded against the applicant.

What did the Court of Appeal decide in [2025] HKCA 653?

The Court of Appeal held that leave to appeal is granted in the case where leave to appeal to the Court of Appeal is required under section 14AA of the High Court Ordinance, resolving a leave question in the trustees' dispute with Assen Ltd (in liquidation).

How does [2025] HKCA 653 relate to earlier proceedings in the same dispute?

The decision followed The Joint and Several Trustees of the Property of So Ching Wan v. Assen Ltd (In Liquidation) and Others [2024] HKCA 1189 and [2025] HKCA 314, continuing the same underlying trustee dispute and drawing on the authority [2001] 1 HKC 125.