Dayang (Hk) Marine Shipping Co., Ltd v Asia Master Logistics Ltd
Judgment Date | 12 March 2020 |
Neutral Citation | [2020] HKCFI 311 |
Judgement Number | HCCW14/2019 |
Citation | [2020] 2 HKLRD 423 |
Year | 2020 |
Court | Court of First Instance (Hong Kong) |
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9 cases
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Sian Participation Corporation ((in Liquidation)) v Halimeda International Ltd
... ... a wholly owned subsidiary of Far-Eastern Shipping Co PJSC (“FESCO”). FESCO is the parent ... substantial Russian transportation and logistics group with operations in ports, rail, logistics, ... and V Medical Services M Sdn Bhd v Swissray Asia Healthcare Co Ltd [2023] 7 MLJ 155 (and in ... In In re Southwest Pacific Bauxite (HK) Ltd [2018] HKCFI 426 (commonly known as ... In Guy Kwok-Hung Lam v Tor Asia Credit Master Fund LP [2023] HKCFA 9 (“ Guy Lam ”) the ... 82 In Dayang (HK) Marine Shipping Co Ltd v Asia Master ... ...
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Re Guy Kwok-hung Lam
...to the court. In Dayang (HK) Marine Shipping Co Ltd v Asia Master Logistics Ltd; Re Asia Master Logistics Ltd [2020] HKCFI 311; [2020] 2 HKLRD 423, the petitioner sought the winding up of a company on the basis of unpaid charter hire. The company did not dispute it owed the hire but alleged......
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Re China Cultural City Ltd
...per Yuen JA. [4] Unrep, HCCW 351/2007, 12March 2008 at [16]–[23] per Barma J (as he then was). [5] Unrep, HCCW 14/2019, 12 March 2020; [2020] HKCFI 311; at [6] Law of Assignment, 3rd ed, §11.75; Lewin on Trusts, 20th ed, vol. 2, §47.001. [7] [1933] 1 AC 70 (PC). [8] [1987] 1 AC 730 (PC) at ...
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Cp Global Inc. (Receivers And Managers Appointed) And Another v Guy Kwok-hung Lam And Another
...that there are ample Hong Kong authorities that are at odds with the Lasmos analysis. (1) As summarised in Re Asia Master Logistics Ltd [2020] 2 HKLRD 423, §57, pre-Lasmos, the Court invariably held that an arbitration clause per se cannot prevent a winding up order from being made (Re Sky ......
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3 firm's commentaries
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Hong Kong Court refuses to grant an antisuit injunction to stay a winding-up petition where an arbitration agreement existed
...grounds to the claim for the underlying debt (But Ka Chon v. Interactive Brokers LLC [2019] 4 HKLRD 85; Asia Master Logistics Ltd. [2020] 2 HKLRD 423). One of the arguments made by D is that by commencing and pursuing an application for winding-up in the BVI, D was not seeking to have any d......
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Hong Kong Court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed
...grounds to the claim for the underlying debt (But Ka Chon v. Interactive Brokers LLC [2019] 4 HKLRD 85; Asia Master Logistics Ltd. [2020] 2 HKLRD 423). One of the arguments made by D is that by commencing and pursuing an application for winding-up in the BVI, D was not seeking to have any d......
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Impact of arbitration clauses on insolvency proceedings: a retreat from the Lasmos Approach?
...of the Lasmos Approach. CRITICISM OF THE LASMOS APPROACH In Dayang (HK) Marine Shipping Co., Limited v Asia Master Logistic Limited [2020] HKCFI 311, the company-debtor chartered a vessel from the creditor under a charterparty agreement which provided for arbitration in Hong On 20 December ......