DesVoeuxChambers

Hong Kong Provisional Liquidation Meets Singapore Moratorium: Re CW Advanced Technologies Limited

20 July 2018

In a ground-breaking decision, the Hong Kong Court in Re CW Advanced Technologies Limited [2018] HKCFI 1705 explains: (a) the interface between the Hong Kong provisional liquidation regime and Singapore’s new insolvency regime; and (b) how both regimes could work in tandem to help restructure a Singapore-based pan-Asian business group. Background The matter concerns the CW Group which... Click here to read more

What is the difference between personal and corporate wrongs?

06 July 2018

Ho Yew Kong v Sakae Holdings Ltd [2018] SGCA 33 In the very recent judgment of the Singaporean Court of Appeal (“SGCA”) in Ho Yew Kong v Sakae Holdings Ltd [2018] SGCA 33, the Court tackled the thorny issue of the relationship between “oppression actions” brought by a member of a company in his personal capacity (similar to unfair prejudice petitions in Hong Kong) and derivative actions brought by... Click here to read more

Big Island Construction (HK) Ltd v Wu Yi Development Co Ltd [2018] HKCFI 899

29 June 2018

Directors be aware of personal liability for costs Big Island Construction (HK) Ltd v Wu Yi Development Co Ltd [2018] HKCFI 899 Following their ultimate success in the Court of Final Appeal ((2015) 18 HKCFAR 364), the Wu Yi parties applied to the Court of First Instance to make Ben Lee, a director of Big Island Construction (HK) Ltd (the “Non-party”), to be personally liable for their costs in, inter alia, the... Click here to read more

Recognition of Foreign Restructuring Plan: Bermuda Pushing the Common Law Envelope in Seadrill

17 April 2018

In Re Seadrill Drilling [2018] SC (Bda) 30 Com (5 April 2018), the Bermuda court recognised and enforced a US Chapter 11 reorganisation plan in relation to Bermuda-incorporated companies. The court’s reasoning appears to sit somewhat uncomfortably with the UK Supreme Court decision in Rubin v Eurofinance [2012] UKSC 46; [2013] 1 AC 236 and the Privy Council decision in Singularis Holdings v PricewaterhouseCoopers [2014] UKPC 36; [2015] AC 1675. It is doubtful if the Hong Kong court would follow the Bermuda court’s approach. The facts and... Click here to read more

The Court of Final Appeal laid down a definitive ruling on the meaning of malice in the context of the qualified privilege defence

10 April 2018

Jonathan Lu & Others v Paul Chan Mo-Po & Another [2018] HKCFA 11 In this important recent decision, in unanimously allowing the Plaintiffs’/Appellants’ appeal, the Court of Final Appeal laid down a definitive ruling on the meaning of malice in the context of the qualified privilege defence. The judgment was given by Lord Reed NPJ, with whom Ma CJ, Tang and Fok PJJ and Chan NPJ agreed. The Court agreed... Click here to read more

HK Landmark Judgment: Arbitration Trumps Winding-Up Petition

06 April 2018

Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426 On 2 March 2018, Harris J handed down a landmark judgment holding that, where a creditor presents a winding-up petition based on a disputed debt which is covered by an arbitration agreement between the creditor and the company, the court would generally dismiss the petition. In so holding, Harris J brought Hong Kong law in line with the position... Click here to read more

Provisional Liquidators’ Restructuring Powers Clarified: China Solar

03 April 2018

The Court of Appeal decision in Re Legend International Resorts [2006] 2 HKLRD 192 had caused many to doubt if provisional liquidators appointed in Hong Kong could play a restructuring role at all. Twelve years later, in Re China Solar Energy Holdings [2018] HKCFI 555, Harris J has clarified that provisional liquidators need to be appointed on such conventional grounds as asset preservation. But where the circumstances warrant it, the... Click here to read more

Oriental v Google (CACV 53, 54 & 55/2017)

14 February 2018

These three recent appeals in the Court of Appeal concern three defamation claims against Google. The Plaintiffs sue Google as an Internet search engine, the owner/operator of a blog and the owner/operator of an Internet discussion forum respectively. Google is a US corporation, and the Plaintiffs obtained leave to serve the writ on Google outside Hong Kong. In dismissing Google's appeals against the Judge's refusal to set aside service of... Click here to read more

Multi-Winner Investment Ltd v Lau Ming Yee [2017] 1 HKLRD 328

30 January 2018

The Defendant in this recent case successfully relied on the defence of qualified privilege to defeat the Plaintiff's defamation claim. The defence was raised in respect of alleged defamatory statements published by the chairperson of the management committee of the incorporated owners of a building to all owners of the building. Mr Justice David Lok observed that: (1) The authorities show that there is a common interest among the owners of... Click here to read more

Re Everglory Energy Limited HCCW198/2016

08 June 2017

In a recent novel decision, Re Everglory Energy Limited HCCW198/2016, 19 January 2017, the Hong Kong High Court’s Anthony Chan J. held that there was jurisdiction which he exercised in his discretion, to reconstitute the board of directors of a company as interim relief before trial of a petition for relief against unfair prejudice, alternatively just and equitable winding up. The Court granted the Petitioner’s application for such interim relief to... Click here to read more

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