Corporate

Jason Carmichael, Smyth & Co in association with RPC This issue was considered in Ryder Industries Ltd v Chan Shui Woo [2015] HKEC 2683, FACV 12 and 13 of 2015; a judgment of the Court of...
February 2016
In the recent decision of the English Supreme Court in Arnold v Britton [2015] UK SC 36 Lord Carnwath said “As Tolstoy said of unhappy families, every ill-drafted contract is ill-drafted ‘in its own...
February 2016
In recent years, the legal profession in the UK and the US have been working with economists in order to unravel the complex structure of commercial transactions. One of the fruits of this exercise...
February 2016
Liquidated Damages – Penalties Revisited The English Supreme Court, in its recent combined decision in Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis ([2015] UKSC 67),...
January 2016
Directors – listed company – disqualification – three directors made false claim so that company assets wrongly paid to company owned by one of directors – appropriate length of disqualification...
January 2016
Religious institution incorporated as company – expulsion of members – whether rules of natural justice applied in terminating membership of religious charitable trust and incorporated company...
December 2015
Warren Ganesh and Lydia Mak, Smyth...
November 2015
Unofficially, the Stamp Office recognises that the transmission of Hong Kong shares by virtue of certain foreign law mergers of legal personality does not give rise to a charge to ad valorem stamp...
October 2015
Maintenance and champerty – litigation funding agreement and assignment of cause of action – whether champertous D1–2, a solicitors’ firm and a barrister respectively, were alleged to have...
August 2015
Mark Stevens, Partner, Mayer Brown JSM The Government recently announced that the Contracts (Rights of Third Parties) Ordinance (the “Ordinance”) will come into force on 1 January 2016....
July 2015
Liquidation – private examination of officer of company pursuant to s.221 – whether jurisdiction to order examination in relation to subsidiaries of company – whether reasonable to order examination...
July 2015
Order for production of documents under s. 221(3) – meaning of documents “relating to the company” narrower than wording of s. 221(1) in respect of examination on oath on matters “concerning the...
May 2015
No provision as to time for repayment of loan – time when cause of action accrued X and Y were long-time friends and business associates. X claimed that on 1 June 2005, he made a loan to Y’s...
May 2015
Registration of charge – s. 347 conferred power to rectify not only statement of particulars, but also instrument creating or evidencing charge itself C sought rectification of a misstatement in...
April 2015
Lee Mason, Assistant Professor of Law, University of Hong Kong Introduction As noted in the February issue of Hong Kong Lawyer, the Legislative Council has recently passed the Contracts (Rights...
March 2015
Company law – winding-up – proof of debt – debt based on unpaid solicitors’ fees – whether to be admitted as proof for voting purposes under r. 125 – debt unliquidated and hence not to be admitted –...
March 2015
Company law — unfair and prejudicial conduct — whether proper regard to petitioner’s rights, proper corporate practice and requirements of free television station licence — appropriate relief in...
March 2015
Lee Mason, Assistant Professor of Law, University of Hong Kong Introduction On 26 November 2014, the Legislative Council passed the Contracts (Rights of Third Parties) Ordinance (the “...
February 2015
Contract law — illegality — whether breach of statute rendered contract illegal — matter of statutory construction P2 obtained judgment against D1 for an outstanding loan. P2 claimed that D1 had...
January 2015
Legal News On 15 December 2014, the Securities and Futures Commission (“SFC”) published its Quarterly Report summarising key developments from July to September 2014. Some of the...
December 2014