Background
On 12 March 2024, the Court dismissed an application by the Petitioner to reverse the adjudication of the Joint and Several Liquidators (“Liquidators”) over its proof of debt, which was based on a default judgment obtained against the Company (“POD”).
On March 11, 2024, the Alberta Government released two Regulations: the Market Power Mitigation Regulation (MPM Regulation) and the Supply Cushion Regulation (the Supply Cushion Regulat
On March 11, 2024, the Minister of Affordability and Utilities (MUA)
Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.
On 29 January 2024, the Honourable Madam Justice Linda Chan made a winding-up order against China Evergrande Group (“Company”), setting into motion one of Hong Kong’s largest liquidations. Parties at the hearing were represented by three senior counsel and three juniors from DVC.
The Company is the ultimate investment holding company of Evergrande Real Estate Group, which is one of China’s largest and most indebted property developers.
On October 18, 2023, the Québec Court of Appeal confirmed the Superior Court’s authority to declare that court-ordered charges under the Bankruptcy and Insolvency Act (BIA) rank before deemed trusts in favour of the Crown for deductions at source.
As recognized by Recorder Abraham Chan SC in the very first line of his Reasons for Decision inChina Evergrande Group v Triumph Roc International Ltd [2023] HKCFI 2432, it is no secret that the Plaintiff, China Evergrande Group, is in financial difficulties and further, in June 2022, winding up proceedings have been commenced.
Where a bankruptcy order has been made and the Official Receiver/trustee in bankruptcy has been appointed, how should their fees and expenses be dealt with if the bankruptcy order is later set aside following the debtor’s successful appeal? Further, if the bankruptcy proceedings were commenced in breach of an exclusive jurisdiction clause should costs be awarded on an indemnity basis?
These questions were recently considered by the Court of Appeal in Re Guy Kwok-Hung Lam [2023] HKCA 1099. Three key points can be gleaned from the judgment:-
In Canada, there is a relative paucity of case law – especially from appellate courts – on substantive consolidation, which is the treatment of multiple debtor companies as a single entity with one pool of assets out of which claims of creditors of all of the debtor companies are satisfied. In White Oak Commercial Finance, LLC v.
2023年5月，香港高等法院夏利士法官第一次在诺熙资本有限公司诉北大方正集团有限公司 案 [2023] HKCFI 1350（下称“北大方正案”） 中讨论了维好协议的可执行性，此后，在2023年6月15日，夏利士法官就花旗集团诉清华紫光集团有限公司 [2023] HKCFI 1572一案（下称“清华紫光案”）作出了判决，该案关于清华紫光集团有限公司（下称“清华紫光”）的间接子公司发行的4.5亿美元债券，是夏利士法官就