Arbitral Digest

Matter

Hang Yick Properties Management Limited v Albert Fung Construction Engineering Company Limited

  1. 16 June 2014Arbitration

    16 June 2014Arbitration

    Order for Directions dated 16 June 2014

    Decision summary
    The tribunal directed that the arbitration proceed by a split hearing on liability and quantum.

    Supporting details

    3 participants
    Albert Fung Construction Engineering Company Limited
    Hang Yick Properties Management Limited
    Institution
    Arbitrator
    Cheung Kwok Kit

    6 months and 27 days later · 210 days

  2. 12 January 2015Arbitration

    12 January 2015Arbitration

    Interim Award on Liability dated 12 January 2015

    Decision summary
    The tribunal dismissed Albert Fung Construction Engineering Company Limited's claim and found that Hang Yick Properties Management Limited succeeded on its counterclaim on liability. It declared that the Company's purported termination was wrongful, or alternatively unreasonable or vexatious, and that Hang Yick rightfully terminated the contract.

    Supporting details

    3 participants
    Albert Fung Construction Engineering Company Limited
    Hang Yick Properties Management Limited
    Institution
    Arbitrator
    Cheung Kwok Kit

    5 years, 7 months and 20 days later · 2059 days

  3. 1 September 2020Arbitration

    1 September 2020Arbitration

    Final Award save as to Costs dated 1 September 2020

    Award no.
    Final Award save as to Costs
    Decision summary
    The tribunal ordered Albert Fung Construction Engineering Company Limited to pay Hang Yick Properties Management Limited HK$394,236.90, with simple interest at the specified rates and for the specified periods.

    Supporting details

    5 participants
    Albert Fung Construction Engineering Company Limited
    Hang Yick Properties Management Limited
    Institution
    Arbitrator
    Cheung Kwok Kit
    Institutional administrator
    Hong Kong Institute of Architects
    Institutional administrator
    Hong Kong Institute of Surveyors

    3 years, 7 months and 11 days later · 1319 days

  4. 12 April 2024Hong Kong

    12 April 2024Hong Kong

    Judgment of the High Court of Hong Kong, Court of First Instance in the case HCCW 367/2022 dated 12 April 2024

    High Court of Hong Kong, Court of First Instance

    Case no.
    HCCW 367/2022
    Citation
    [2024] HKCFI 983
    Decision summary
    The court rejected the opposition to Hang Yick Properties Management Limited's winding-up petition, including the allegations of fraud, procedural non-compliance, and a bona fide dispute on substantial grounds concerning the award debt. It ordered Albert Fung Construction Engineering Company Limited to be wound up and made an order nisi that So Siu Leung bear the petitioner's costs, subject to the stated exceptions.

    Supporting details

    12 authorities · 9 participants
    Hang Yick Properties Management Limited
    Representative
    Billy N P Ma (For: Hang Yick Properties Management Limited)
    Representative
    T.C. Lau & Co (For: Hang Yick Properties Management Limited)
    Albert Fung Construction Engineering Company Limited
    So Siu Leung
    High Court of Hong Kong, Court of First Instance
    Other
    Institutional administrator
    Master Hui
    Institutional administrator
    Official Receiver

    Authorities cited

    12
    • Hong Kong Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap 32 (Cap 32)
      statute
    • Hong Kong Arbitration Ordinance
      statute
    • Hong Kong Companies (Winding-Up) Rules, Cap 32H (Cap 32H)
      statute
    • Re Sun Fung Timber Co Ltd ([2021] HKCA 1660)
      case-law
    • Re Tam Mei Kam (CACV 87 of 2012, 8 May 2013)
      case-law
    • Dawodu v American Express ([2001] BPIR 983)
      case-law
    • Nina Kung v Wang Din Shin ((2005) 8 HKCFAR 387)
      case-law
    • Re Cheong Yip Finance (Hong Kong) Ltd (HCCW 49 of 1978, 21 December 1978)
      case-law
    • Re China Cultural City Ltd ([2020] HKCFI 1947)
      case-law
    • Re African Farms Limited
      case-law
    • Re Tomkins
      case-law
    • Fletcher, The Law of Insolvency (The Law of Insolvency, 4th ed.)
      academic

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Hang Yick Properties Management Limited v Albert Fung Construction Engineering Company Limited · Matter