ING BANK N.V. V. INDUSTRIAL AND COMMERCIAL BANK OF CHINA LTD

[2025] HKCA 824 Court of Appeal 5 September 2025 • CAMP239/2024 • 21 min read

11 cases cited (0 HK, 11 foreign)

Outcome

Leave to appeal dismissed

leave to appeal is dismissed.

Source: [2025] HKCA 824, Court of Appeal, decided 5 September 2025. Read directly from the judgment.

Judges (2)

G Lam Coram Kwan Coram

Counsel (6)

K B Chau & Co Firm Reed Smith Richards Butler LLP Firm Benjamin Yu Counsel Defendant Jat Sew-Tong Counsel Plaintiff Julian Lam Counsel Plaintiff Keith Lam Counsel Defendant

Parties (2)

Industrial and Commercial Bank of China Limited Defendant Ing Bank N.V Plaintiff

Case Significance

ING Bank N.V. v Industrial and Commercial Bank of China Ltd [2025] HKCA 824 was an application for leave to appeal before the Court of Appeal, arising under the High Court Ordinance and the Rules of the High Court. The application followed earlier proceedings in the same dispute, ING Bank N.V. v Industrial and Commercial Bank of China Ltd [2024] HKCFI 2220 and ING Bank N.V. v Industrial and Commercial Bank of China Ltd [2024] HKCFI 3454, both decided in the Court of First Instance. The Court of Appeal held: "leave to appeal is dismissed."

Summary

Nurul Amin, a Bangladeshi national, appealed against the refusal of leave to judicially review the Torture Claims Appeal Board's dismissal of his non-refoulement claim. The Court found no errors in the Judge's assessment. The appeal was dismissed.

What did the Court of Appeal decide on the leave application in ING Bank v ICBC ([2025] HKCA 824)?

In ING Bank N.V. v Industrial and Commercial Bank of China Ltd [2025] HKCA 824, the Court of Appeal held that "leave to appeal is dismissed," declining to allow the applicant to pursue a further appeal from the Court of First Instance rulings in the same dispute.

What earlier decisions preceded the Court of Appeal ruling in ING Bank v ICBC ([2025] HKCA 824)?

The Court of Appeal ruling in ING Bank N.V. v Industrial and Commercial Bank of China Ltd [2025] HKCA 824 followed earlier Court of First Instance decisions in the same matter, ING Bank N.V. v Industrial and Commercial Bank of China Ltd [2024] HKCFI 2220 and [2024] HKCFI 3454.