Matter
Gold Swing Enterprises Ltd v Golden Oasis Health Ltd (HCCW 236/2018)
- 6 September 2019Hong Kong
6 September 2019Hong Kong
Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in Companies (Winding-Up) Proceedings No. 236 of 2018 dated 6 September 2019
High Court of the Hong Kong Special Administrative Region, Court of First Instance
- Citation
- [2019] HKCFI 2173
- Decision summary
- The Court of First Instance dismissed New Health Elite International Ltd's summons seeking a stay of the winding-up petition against Golden Oasis Health Ltd pending arbitration. It held that the debt arose from a deed of assignment containing a Hong Kong court jurisdiction clause, that the arbitration clause in the shareholders' agreement did not cover the debt dispute, and that no arbitral proceedings had been commenced. Costs of the summons were ordered to Gold Swing Enterprises Ltd with a certificate for two counsel.
Supporting details
6 authorities · 11 participants- Application
- Summons seeking a stay of the winding-up petition pending arbitration — Dismissed
Gold Swing Enterprises Ltd
- Representative
- Jenkin Suen (For: Gold Swing Enterprises Ltd)
- Representative
- Justin Lam (For: Gold Swing Enterprises Ltd)
- Representative
- Tsang & Lee (For: Gold Swing Enterprises Ltd)
New Health Elite International Ltd
- Representative
- Frederick H F Chan (For: New Health Elite International Ltd)
- Representative
- Baker & McKenzie (For: New Health Elite International Ltd)
Golden Oasis Health Ltd
Smart Base Properties Ltd (HK)
High Court of the Hong Kong Special Administrative Region, Court of First Instance
- Judge
- Anthony Chan
Other
- Witness
- Gaston Lam