Case Highlights14 January 2020
In Re CEFC Shanghai International Group Limited [2020] HKCFI 167, the Hong Kong Court scored a number of important firsts. For the first time, the Hong Kong Court recognised and assisted Mainland liquidators. For the first time, the Hong Kong Court concluded that the infamous House of Lords decision in Galbraith v Grimshaw [1910] AC 508 is now anachronistic and does not represent Hong Kong law. And, most importantly, for... Click here to read more
04 November 2019
In Da Yu Financial Holdings Limited (formerly known as China Agrotech Holdings Limited) [2019] HKCFI 2531 (17 October 2019), the Companies Court handed down a landmark decision in relation to an important aspect of schemes of arrangement for debt restructuring –professional fees. The decision also breaks new ground by calling for tighter cross-border coordination and outmoding the practice of “parallel schemes” in different jurisdictions. Background and Decision Da Yu Financial... Click here to read more
20 September 2019
The recently reported case of Re Dickson Valora Group (Holdings) Co Ltd [2019] 3 HKLRD 210 is of jurisprudential importance. It sets the proper limits to (a) striking out an unfair prejudice petition on the ground of lack of locus standi and, more importantly, (b) arbitration clauses in shareholders’ agreements. Background The Petitioner and the Respondents were both shareholders of Dickson Valora Group (Holdings) Co Ltd (the “Company”), which was... Click here to read more
09 September 2019
This recent decision handed down on 23 August 2019 (the “Decision”) dealt with two novel issues of law. The Decision is the first decision in Hong Kong which: (1) Examines whether a co-defendant can, based on an alternative case that it would lose at trial, seek a Mareva injunction against its co-defendant pre-trial (“Issue 1”); and (2) Deals with the interesting doctrinal issue as to whether liability for knowing receipt or in... Click here to read more
19 August 2019
In LLC v LMWA [2019] HKCA 347, the Court of Appeal broke new ground when it comes to determining ownership disputes in ancillary relief proceedings. In that case, the petitioner-wife argued that certain properties ostensibly in the name of the father of the husband actually belonged to the husband, such that they should be included in the matrimonial pool. The family court judge decided to determine this issue by way... Click here to read more
17 July 2019
This recent High Court case sheds light on the difficulties associated with challenging the validity of an enduring power of attorney: To Lee Wah Samuel v. Yum Huin Ming and Another [2019] HKCFI 1441 This case concerned two enduring powers of attorney, the validity of which were challenged by the Plaintiff. This decision appeared to be the first ever reported decision where the Hong Kong court considered (a) the legal requirements... Click here to read more
05 July 2019
The Blockchain decision seems to be the first ever reported decision where the Court discharged a regulating order and replaced the liquidators in accordance with the majority creditors’ wishes. It indirectly sends a message to the Official Receiver (“OR”) that an application for a regulating order should not be lightly made. Background Sections 227A and 227B of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (“CWUMPO”) confer on... Click here to read more
14 June 2019
Taching Petroleum Company Limited v Meyer Aluminium Limited (unreported, CTA 1/2018 & CTA 2/2018, [2019] HKCT 1, 22.2.2019) and Taching Petroleum Company Limited v Meyer Aluminium Limited (unreported, HCA 1929/2017 & HCA 1069/2018, [2019] HKCFI 515, 22.2.2019) This is the first case in which a competition law defence was raised in a civil litigation, culminating in interesting and novel issues on both procedural and substantive fronts. Background The Plaintiffs in... Click here to read more
20 May 2019
What is the Hong Kong Competition Tribunal’s Approach in Dealing with Enforcement Actions Concerning Bid-Rigging and Market Sharing and Price Fixing? Find out in two landmark decisions handed down on 17.5.2019 under the new competition regime featuring 3 members from DVC including Catrina Lam, Connie Lee and Tommy Cheung. The Competition Tribunal ruled that the criminal standard of proof applies in enforcement actions seeking a pecuniary penalty for contravention of... Click here to read more
06 May 2019
This case involved 6 members from DVC By Rachel Lam, Terrence Tai and Jasmine Cheung In the recent innovative case of Dickson Valora Group (Holdings) Co Ltd and another v Fan Ji Qian [2019] HKCFI 482, the Court was faced with a groundbreaking application for an anti-suit injunction, whereby the Hong Kong Court was invited to (and did) injunct proceedings in the PRC on a novel basis. Facts The 1st... Click here to read more
Latest News16 January 2020
15 January 2020
DVC's Stephanie Wong is the author of the recently published Butterworths Hong Kong Trade Marks Law Handbook (3rd...
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Case Highlights14 January 2020
In Re CEFC Shanghai International Group Limited [2020] HKCFI 167, the Hong Kong Court scored a number...
Click here to read more
04 November 2019
In Da Yu Financial Holdings Limited (formerly known as China Agrotech Holdings Limited) [2019] HKCFI 2531 (17...
Click here to read more
20 September 2019
The recently reported case of Re Dickson Valora Group (Holdings) Co Ltd [2019] 3 HKLRD 210 is...
Click here to read more
09 September 2019
This recent decision handed down on 23 August 2019 (the “Decision”) dealt with two novel issues of...
Click here to read more
