Insolvency & Restructuring

James Noble, Marc Kish and Chai Ridgers of Harneys’ Litigation and Insolvency practice* In the recent decision of Re China Shanshui Cement Group Limited (unreported, 23 November 2015) the Grand...
February 2016
On 11 November 2015, the Court of Final Appeal handed down its judgment on the petitioner’s appeal in the Yung Kee Holdings Limited (“YKHL”) family company dispute. The Court of Final Appeal affirmed...
January 2016
David Smyth and Rebecca Wong, Smyth & Co in association with RPC “The patchwork of exceptions and qualifications” to the common law crimes and torts of maintenance and champerty in Hong...
December 2015
Hong Kong does not have an equivalent regime to the United States “debtor in possession” Chapter11 Bankruptcy Code or United Kingdom administration to facilitate the rescue of an insolvent company....
November 2015
Order for production of documents – principles applicable to s. 29 application – respondent deemed capable of producing document which it had enforceable right to obtain – Bankruptcy Ordinance (Cap.6...
June 2015
Antony Sassi, Partner, Smyth & Co in association with RPC Liquidators’ attempts to obtain wide-ranging production of documents from former officers of a company are common in Hong Kong and...
April 2015
Richard Tollan, Partner, Justine Lau, Senior Associate, Mayer Brown JSM The entitlement of an Official Receiver to retain ad valorem fees on the conversion of a compulsory liquidation to creditors...
April 2015
Ludwig Ng, Senior Partner, ONC Lawyers Introduction Hong Kong courts will recognise and assist foreign liquidators in obtaining information and documents in Hong Kong. However, the Privy Council...
March 2015
Bankruptcy – automatic discharge – under s.30A(10)(a), commencement of bankruptcy period suspended during time when bankrupt not in Hong Kong – whether unconstitutional restriction on right of...
February 2015
Charles Allen, Partner, Alan Linning, Partner, and Dominic James, Counsel, Sidley Austin The Hong Kong court has held that, in determining whether it should exercise its jurisdiction to sanction a...
February 2015
David Smyth, Senior Partner, Smyth...
February 2015
Bankruptcy – bankruptcy order – based on statutory demand – whether debtor not insolvent – whether entitlement to interests in land established so that order would result in injustice C was...
January 2015
Richard Hudson, Partner, Cathy Wu, Associate, Deacons Section 30A(4) of the Bankruptcy Ordinance (the “BO”), provides eight grounds upon which the Court can order suspension of a...
December 2014
David Smyth, Senior Partner, Smyth...
December 2014
Bankruptcy – payments made by company purportedly on bankrupt’s behalf – validation order under s. 42 sought by bankrupt – third party payees not party to application and bankrupt had no financial...
December 2014
Written by David Smyth, Senior Partner, Smyth...
September 2014
Arrears of periodic maintenance payments ordered in matrimonial proceedings ​A wife (“W”) presented a petition for bankruptcy against her husband (“H”) based on arrears of periodic payments of...
December 2013
Limitation — presentation more than 12 years after date of judgment debt In September 2011, X presented bankruptcy petitions against the defendants (“Ds”) based on a judgment debt obtained in...
November 2013
Bona fide dispute as to debt — judgment conclusive unless obtained by fraud or had been miscarriage of justice The plaintiffs (“Ps”) and the debtor (“D”) held shares in a company (“C”), whereby...
July 2013
A matter making headlines has been the Securities and Futures Commission’s (“SFC”) proceedings in the Hong Kong courts seeking an order to compel Ernst...
June 2013