Lee Siu Fung Siegfried[2021] 5 HKLRD 627
In January 2001, a bankruptcy petition was presented against Mr. Lee Siu Fung Siegfried in respect of a HK$322 million debt arising out of a guarantee given by him. In or around September 2016, the trustees in bankruptcy obtained an order for the private examination of Mr. Lee and the Applicants, who are the younger brother and son of Mr. Lee.
Re So Tsz Man[2021] HKCFI 3732
This case concerns the self-petitions presented by four debtors for their own bankruptcy (the “Four Petitions”). The Four Petitions (i.e. Re So Tsz Man(HCB 7033/2020), Re Lee Wing(HCB 7299/2020), Re Tam Wai Yiu(HCB 7569/2020) and Re Qiu Wenjun(HCB 3930/2021) shared a substantial similar fact pattern:
Re Hsin Chong Construction Co Ltd (Provisional Liquidators: Application for Directions)
[2021] 5 HKLRD 212, [2021] HKCA 1581
Chan Seung Bun v Wong King Fai Joe and Another[2021] HKCFI 3572
The Company was co-founded by the petitioner Mr. Chan Seung Bun (the “Petitioner”) and the late 1st Respondent (“R1”), now represented by the joint executrices of the estate (the “Executrices”) in 2013. It was not in dispute that the Company was a quasi-partnership established based on mutual trust and confidence between the Petitioner and R1. The Company had been profitable since its establishment.
Re Chan John Loong Fai[2021] HKCA 1834
Re GTI Holdings Ltd[2021] HKCFI 3647
The Company was incorporated in the Cayman Islands and listed on the Main Board of the HKEX. The Petitioner sought to wind up the Company on the ground that the Company failed to satisfy a statutory demand served upon it on 21 January 2020. On 26 May 2020, the Company presented a winding up petition (“Petition”) against itself and applied for the appointment of PLs for restructuring purpose with the Grand Court of the Cayman Islands. Subsequently, on 28 May 2020, the Cayman Court appointed PLs over the Company.
有關森信洋紙有限公司 (2021) 粵 03 認港破 1 號
In the recent case of Re Joint and Several Liquidators of Ozner Water International Holding Ltd 浩澤淨水國際控股有限公司 (In Liquidation) [2022] HKCU 940, the Hong Kong Court of First Instance (Hong Kong Court) granted an application by the liquidators (Liquidators) of Ozner Water International Holding Ltd. (Company) for a letter of request for recognition and assistance (Letter of Request) to be issued to the Shenzhen Intermediate People’s Court (Shenzhen Court).
In the landmark decision in case (2021)粤03认港破1号(2021) Yue 03 Ren Gang Po No. 1 (Shenzhen Court Decision), the Shenzhen Intermediate People’s Court (Shenzhen Court) ordered formal recognition in Mainland China of liquidators appointed by the Hong Kong Court of First Instance (Hong Kong Court) over Samson Paper Company Limited (Company) to permit the liquidators to exercise powers over the Company’s assets located in Mainland China.
Introduction
In the case of Stanford International Bank Ltd (in liquidation) v HSBC Bank PLC [2021] EWCA Civ 535, which concerns a negligence claim for breach of Quincecare duty and dishonest assistance against the defendant bank, the English Court of Appeal (“CA”) unanimously found in favour of HSBC Bank plc (“HSBC”) and struck out both claims.
Background