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    Something fishy about request for judicial assistance
    2019-02-12

    Introduction

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, RPC, HSBC
    Location:
    Hong Kong
    Firm:
    RPC
    Something fishy about request for judicial assistance
    2019-02-12
    • Introduction
    • Background
    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, RPC, HSBC, Chapter 11, US Bankruptcy Code
    Authors:
    Michael Maguiness , Warren Ganesh
    Location:
    Hong Kong
    Firm:
    RPC
    No use lashing out over unpaid debts - cosmetics distribution company avoids winding up order despite failing to establish bona fide defence
    2019-02-20

    In Swiss Cosmeceutics (Asia) Ltd [2019] HKCFI 336, Mr Justice Harris of the Hong Kong Court of First Instance declined to wind up a company despite it failing to establish a bona fide defence on substantial grounds. Mr Justice Harris commented on the difficulties presented by sporadic record keeping, and reiterated the principle that the burden of proof lies with the company to demonstrate a bona fide defence on substantial grounds, despite the existence of anomalies in the petitioner’s claim.

    Facts

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Liquidation
    Authors:
    Gareth Thomas , Dominic Geiser , Alexander Aitken , Paul Apáthy , Philip Lis
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Let’s be civil: Hong Kong court recognises non-common law Japanese insolvency proceeding
    2019-04-03

    In Re Kaoru Takamatsu [2019] HKCFI 802, [2019] HKEC 906, the Hong Kong Court of First Instance has recognised Japanese insolvency proceedings and granted assistance to a trustee in bankruptcy appointed by the Japanese Court.

    Filed under:
    Hong Kong, Japan, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, HSBC
    Authors:
    Gareth Thomas , Dominic Geiser , Philip Lis
    Location:
    Hong Kong, Japan
    Firm:
    Herbert Smith Freehills LLP
    Cross-border insolvency regime - past and future
    2018-08-21

    Introduction

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, RPC, UNCITRAL, Hong Kong Stock Exchange
    Location:
    Hong Kong
    Firm:
    RPC
    Voluntary insolvent liquidations given common law recognition in Hong Kong
    2018-08-24

    Re The Joint Liquidators of Supreme Tycoon Limited (in liquidation in the British Virgin Islands) (08/02/2018, HCMP833/2017), [2018] HKCFI 277

    The Hong Kong Court of First Instance considered whether an insolvent liquidation, commenced by the shareholder of a company registered in the British Virgin Islands, was eligible for common law recognition in Hong Kong.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Buddle Findlay, Court of First Instance (Hong Kong)
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Peter Niven , Bridie McKinnon , Matthew Triggs , Myles O'Brien , Oliver Gascoigne
    Location:
    Hong Kong
    Firm:
    Buddle Findlay
    Hong Kong court extends recognition and assistance to foreign liquidators appointed in creditors' voluntary liquidation
    2018-02-15

    Recent developments

    The Hong Kong court in Re The Joint Liquidators of Supreme Tycoon Limited (in liquidation in the British Virgin Islands) (08/02/2018, HCMP833/2017), [2018] HKCFI 277 ("Re Supreme Tycoon") has, for the first time, granted recognition and assistance to foreign liquidators appointed in a creditors' voluntary winding-up.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie, Liquidation
    Authors:
    Kwun-Yee Cheung
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Hong Kong court extends recognition and assistance to foreign liquidators appointed in creditors’ voluntary liquidation
    2018-02-15

    The Hong Kong court in Re The Joint Liquidators of Supreme Tycoon Limited (in liquidation in the British Virgin Islands) (08/02/2018, HCMP833/2017), [2018] HKCFI 277 (“Re Supreme Tycoon”) has, for the first time, granted recognition and assistance to foreign liquidators appointed in a creditors’ voluntary winding-up.

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Kwun-Yee Cheung
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Re China Agrotech Holdings Limited
    2018-02-19

    The Grand Court of the Cayman Islands granted common law recognition and assistance to the foreign Liquidators of a Cayman Islands company post Rubin v Eurofinance and Singularis Holdings Limited v PwC.

    In Re China Agrotech Holdings Limited Ltd (FSD 157 of 2017 (NSJ)), the Grand Court of the Cayman Islands ("Cayman Court") granted Liquidators appointed by the High Court of Hong Kong leave to present and consent to a scheme of arrangement on behalf of China Agrotech Limited (the "Company") based on a common law discretion.

    Filed under:
    Hong Kong, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ashfords LLP, Hong Kong Stock Exchange
    Authors:
    Kyla Payne , Alan Bennett
    Location:
    Hong Kong, United Kingdom
    Firm:
    Ashfords LLP
    Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited
    2018-03-09

    Briefings

    Navigating the tension between private dispute resolution and insolvency class actions, March 2018

    In Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited1, the Hong Kong Court of First Instance dismissed a winding-up petition based on an unsatisfied statutory demand.

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, HFW, Liquidation
    Authors:
    Andrew M Johnstone , Fergus Saurin , Strachan Gray
    Location:
    Hong Kong
    Firm:
    HFW

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