EXCELLENCE RAISE OVERSEAS LIMITED, JOLLY ADMIRE LIMITED, HIGH EXPRESS HOLDINGS LIMITED V. ANZ COMMODITY TRADING PTY LTD

[2026] HKCFA 9 Court of Final Appeal 13 February 2026 • FAMV174/2025 • 3 min read

Outcome

Leave to appeal granted

leave to appeal is granted in respect of those two questions (despite some possible overlap with Question 1):

Source: [2026] HKCFA 9, Court of Final Appeal, decided 13 February 2026. Read directly from the judgment.

Judges (3)

Counsel (7)

Holman Fenwick Willan Firm Myra Li & Co Firm Charles Sussex Counsel Plaintiff Derek J Y Chan Counsel Plaintiff Jason Kung Counsel Defendant Kenny Lin Counsel Defendant Victor Joffe Counsel Defendant

Case Significance

In EXCELLENCE RAISE OVERSEAS LIMITED, JOLLY ADMIRE LIMITED, HIGH EXPRESS HOLDINGS LIMITED v. ANZ COMMODITY TRADING PTY LTD [2026] HKCFA 9, the Court of Final Appeal considered an application for leave to appeal brought by the named appellants against ANZ COMMODITY TRADING PTY LTD. Ruling on the application, the court held that "leave to appeal is granted in respect of those two questions (despite some possible overlap with Question 1)." No further detail of the underlying dispute appears in the record of this decision.

Summary

Excellence Raise Overseas Limited, Jolly Admire Limited, and High Express Holdings Limited sought leave to appeal to the Court of Final Appeal against findings of fraud and conspiracy in commodity trading proceedings brought by ANZ Commodity Trading Pty Ltd. The Appeal Committee granted leave on a question concerning the proper pleading requirements for fraud and conspiracy claims. The appeal was listed for September 2026.

What did the Court of Final Appeal decide on leave to appeal in EXCELLENCE RAISE OVERSEAS LIMITED v. ANZ COMMODITY TRADING PTY LTD [2026] HKCFA 9?

The Court of Final Appeal held that leave to appeal is granted in respect of those two questions, despite some possible overlap with Question 1, allowing EXCELLENCE RAISE OVERSEAS LIMITED, JOLLY ADMIRE LIMITED and HIGH EXPRESS HOLDINGS LIMITED to pursue the matter further against ANZ COMMODITY TRADING PTY LTD.