Latest News Case Highlights

Novel Decision by the Court of Appeal on costs, fees and expenses following the Setting Aside of a Bankruptcy Order on appeal

22 September 2023

Where a bankruptcy order has been made and the Official Receiver/trustee in bankruptcy has been appointed, how should their fees and expenses be dealt with if the bankruptcy order is later set aside following... Click here to read more

Court rules against 2 former employers’ claims that employment agreements and a related BVI deed were not valid

18 September 2023

In AIM Global Holdings Ltd. & Ors. v Chien Kun Allen & Rising Dragon Global Ltd. [2023] HKCFI 1126 the Court of First Instance, in rejecting all of the Plaintiffs’ claims and giving judgment... Click here to read more

Construction vs implication of terms: which approach should the Court adopt?

01 September 2023

Introduction In The Hong Kong Polytechnic University v Rehabaid Society [2023] HKCA 956, the Plaintiff and the Defendant entered into a contract which gave rise to a contractual licence, and which... Click here to read more

Court of Final Appeal determines the scope of limitations of liability under the Convention on Limitation of Liability for Maritime Claims 1976

23 August 2023

In Perusahaan Perseroan v. Trevaskis and Ors (“The Star Centurion”) [2023] HKCFA 20, the Hong Kong Court of Final Appeal (“CFA”) considered the scope of the limitations of liability... Click here to read more

Locus of the Beneficial Owner of Senior Notes to present a Winding-Up Petition

28 July 2023

Under the Euroclear or Clearstream system, companies which issue so-called “global notes” do not have direct contractual relationship(s) with the ultimate beneficial investors in those... Click here to read more

Court of Appeal’s unprecedented ruling on bail applications

27 July 2023

Recently the full bench of the Court of Appeal in its criminal jurisdiction had the opportunity to consider four unprecedented renewed applications for bail pending the hearing of their appeals against... Click here to read more

The no longer eponymous “Quincecare” duty

19 July 2023

Introduction In our previous article “A Modern Answer to An Age-Old Problem: A Bank’s liability for acting on an authorised signatory’s wrongful payment instructions”, we discussed... Click here to read more

The importance of pleadings in opposing summary judgment applications

06 July 2023

Introduction Generally speaking, a party is bound by his pleaded case at trial and cannot rely on points or facts which have not been pleaded. While this is certainly the case at a trial, the traditional... Click here to read more

Beware of the differences between Hong Kong and English Construction Laws – Part III

04 July 2023

A. Introduction This is the third article in the series on the differences between Hong Kong and English construction laws. In the second article, the authors explored the differences between the two regimes... Click here to read more

Keepwell Deeds enforced in second Hong Kong Court ruling

20 June 2023

As foreshadowed in his decision last month (Nuoxi Capital Ltd & ors v Peking University Founder Group Company Limited [2023] HKCFI 1350 (the “PUFG Case”)), on 15 June 2023, Harris J... Click here to read more