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    Hong Kong Court of Final Appeal provides guidance on the expiry of applicable limitation periods
    2014-07-31

    On 17 July 2014, the Hong Kong Court of Final Appeal gave judgment in the case of Moulin Global Eyecare Holdings Limited (in liquidation) (formerly known as Moulin International Holdings Limited) v Olivia Lee Sin Mei FACV No. 23 of 2013,providing helpful guidance on the expiry of applicable limitation periods.

    Background

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Statute of limitations, Court of Final Appeal (Hong Kong)
    Authors:
    Dominic Geiser , Emily Soothill
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Hong Kong Court recognises foreign liquidators
    2014-08-04

    Did you know that a liquidator of a foreign company may seek the assistance of the Hong Kong Court to obtain orders for the production of information which orders are, in substance, of the type made in Hong Kong windings-up under section 221(3) of the Companies (Winding-up and Miscellaneous Provisions) Ordinance?

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Liquidator (law)
    Authors:
    Richard M. Tollan , Justine T. K. Lau , Edmund M. S. Ma , Jennifer Colegate
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    The status of foreign liquidators recognised in Hong Kong
    2014-08-27

    The recent case of The Joint Official Liquidators of A Company v B and Another has confirmed that a liquidator of a foreign company can seek the Hong Kong Companies Court’s assistance by applying for orders for the production of information and documents without the need to also apply to wind up that company in Hong Kong.

    Background

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Common law, Liquidator (law)
    Authors:
    Gareth Thomas , Damien Whitehead
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Stay of Hong Kong winding-up petition pending foreign appeal proceedings
    2014-10-10

    In the recent case of In re Shiamas International Limited (HCCW 80/2014), the Hong Kong Court of First Instance refused to stay a winding-up petition on the ground of a pending appeal from a decision of the Paris Court of Appeal to the French Court of Cassation.  This case is a timely reminder of the difficulties in obtaining a stay of a winding-up petition, the applicable principles and shows that the Court is willing to allow some flexibility.

    Background

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Court of First Instance (Hong Kong)
    Authors:
    Gareth Thomas , Damien Whitehead
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Staying a 25-year old winding up proceeding
    2014-10-17

    In the unusual case of Albert Edward Rodrigues v Associacao Portuguesa de Socorrous Mutuos (in liquidation) (HCMP 1391/2014), the Hong Kong Court of First Instance ordered a permanent stay of a company’s creditors’ voluntary winding up which has technically been going for 25 years, and in so doing reminded us of the applicable principles and the fact sensitive nature of such applications.

    Background

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Liquidation
    Authors:
    Gareth Thomas , Damien Whitehead
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal upholds suspension of bankruptcy periods on basis of unsatisfactory conduct of bankrupts
    2014-11-04

    Section 30A(1) of the Bankruptcy Ordinance (Cap. 6) (the “BO”), provides that the bankruptcy period, for a person who has been adjudged bankrupt for the first time, runs for four years. However, section 30A(4) of the BO provides eight grounds upon which the Court, on the application of the trustee in bankruptcy or a creditor, can order the suspension of a bankruptcy period – in effect lengthening the period of bankruptcy.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Deacons, Bankruptcy
    Authors:
    Richard Hudson , Cathy Wu
    Location:
    Hong Kong
    Firm:
    Deacons
    The chronicles of Insigma: the latest installment
    2014-11-06

    Alstom v Insigma, the (in)famous SIAC arbitration administered under ICC rules, was recently up for yet another round of judicial sparring following years of proceedings in several fora, which left Alstom Technology Limited (“Alstom”) with a HK$261 million award but limited assets against which to execute.

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Alstom
    Authors:
    Justin D'Agostino , Simon Chapman KC , Alastair Henderson , Jessica Fei , Brenda Horrigan , May Tai
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Permission to serve winding-up petitions out of jurisdiction on unregistered foreign companies: principles clarified
    2014-11-14

    Under Hong Kong law, the courts’ jurisdiction is ordinarily territorial in nature. A plaintiff or applicant has to obtain permission (“leave”) of the court before it can validly serve a writ or other document initiating a legal action on a defendant or respondent located outside Hong Kong. For actions begun by writ, the procedures and criteria for applications for leave in this respect are set out under Order 11 of the Rules of the High Court (“RHC”).

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Liquidation
    Authors:
    Richard M. Tollan , Edmund M. S. Ma , Justine T. K. Lau
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    How deep do you bury the golden egg?
    2014-04-09

    The Court of Appeal has declined jurisdiction to wind up Yung Kee Holdings Limited (the "Company"), a company incorporated in the British Virgin Islands ("BVI"), upholding the decision of Harris J at first instance that the Company did not have "sufficient connection" with Hong Kong. 

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells, Shareholder, Liquidation
    Authors:
    Chris Dobby , Allan Leung , Mark Lin , Damon So , Patrick Sherrington
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Cross border insolvencies: Hong Kong court further clarifies the legal principles in respect of winding up an unregistered overseas company
    2014-04-30

    The exercise of the court’s discretionary jurisdiction to wind up an unregistered overseas company has again come under judicial spotlight in the recent case of Re China Medical Technologies Inc. (HCCW 435/2012).

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Dispute resolution, Liquidation, Holding company, Liquidator (law)
    Authors:
    Gareth Thomas , Damien Whitehead
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP

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