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    “Holding” DOCAs confirmed as valid by High Court of Australia
    2018-09-27

    On 12 September 2018, the High Court of Australia (High Court) gave judgment in the case of Mighty River International Limited v Hughes (Mighty River).1 In that decision, the High Court (by a 3:2 majority) held that a “holding” deed of company arrangement (DOCA) is valid.

    In brief

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia), High Court of Australia
    Authors:
    Paul Apáthy , Mark Clifton
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Timeline: What is on the Horizon? - October 2017
    2017-10-03

    EU requirement for national insolvency registers to be established in all Member States (Recast Insolvency Regulation 2015 ((EU) 2015/848))

    Will Nevin Partner T +44 20 7466 2199 [email protected]

    UK TIMELINE

    Kevin Pullen Partner T +44 20 7466 2976 [email protected]

    2017Q4 (Oct-Dec)

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Competition & Antitrust, Construction, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, Litigation, Public, Real Estate, Tax, Herbert Smith Freehills LLP, Corporate governance, Brexit, MiFID, Financial Conduct Authority (UK), European Commission, CJEU
    Location:
    European Union, Global, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Recognition of foreign insolvencies at common law: Singapore sets COMI precedent
    2016-08-12

    In Brief

    For the first time, a court has adopted the ‘centre of main interest’ (COMI) as grounds at common law to recognise foreign insolvency proceedings.

    The decision earlier this year by the High Court of Singapore (the Court) recognised a Japanese bankruptcy trustee appointed to companies incorporated in the British Virgin Islands (BVI):

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Herbert Smith Freehills LLP, Liquidation, Common law, UNCITRAL, Singapore High Court
    Authors:
    Paul Apáthy , Emmanuel Chua
    Location:
    Singapore
    Firm:
    Herbert Smith Freehills LLP
    The English High Court pierces the corporate veil using the “evasion principle”
    2015-10-30

    In Paul David Wood & Anor v Timothy Darren Baker & Ors, the joint trustees in bankruptcy of the bankrupt's property successfully obtained injunctions freezing the assets and business of the respondents and restraining them from dealing with such assets and business.  This case is an illustration of how the court may apply the "evasion principle", a principle identified in the decision of the Supreme Court in the case of Prest v Petrodel Resources Ltd, in piercing the corporate veil.

    Background

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Bankruptcy, High Court of Justice
    Authors:
    Richard Norridge , Joanna Caen
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    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
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    The application of refinancing agreements to dissident creditors holding secured credits
    2013-07-08

    Act 38/2011, of 10 October, which reforms the former Spanish Insolvency Act, introduces a number of measures, including the possibility of obtaining court approval for refinancing agreements meeting certain requirements to extend the agreed debt rescheduling to certain creditors that have either opposed the refinancing agreement (i.e. dissident creditors), or that have not participated in it.

    Additional Provision 4 of the Insolvency Act establishes that court approval for refinancing agreements may be sought by the debtor if they meet the following conditions:

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Debtor, Debt, Refinancing
    Authors:
    Ignacio Echenagusia , Gonzalo Martín de Nicolás
    Location:
    Spain
    Firm:
    Herbert Smith Freehills LLP
    Can a Chapter 15 order discharge US law governed debt for the purposes of the rule in Gibbs? The Rare Earth decision and beyond
    2022-07-19

    On 6 June 2022, Mr Justice Harris sanctioned a Hong Kong scheme of arrangement for Rare Earth Magnesium Technology Group (the Company) in re Rare Earth Magnesium Technology Limited [2022] HKFCI 1686 (Rare Earth).

    Filed under:
    Hong Kong, USA, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Paul Apáthy , Gareth Thomas , Alexander Aitken , Peter Ng , Eric Xu
    Location:
    Hong Kong, USA
    Firm:
    Herbert Smith Freehills LLP
    VB Leaseco Pty Ltd (administrators appointed) v Wells Fargo Trust Company NA (trustee)
    2021-09-15

    In November 2021, the High Court of Australia will consider the application of the Convention on International Interests in Mobile Equipment done at Cape Town on 16 November 2001 (the Convention) in Australia in light of facts arising out of the administration of the Virgin Australia group.

    Filed under:
    Australia, Aviation, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Debtor, Corporations Act 2001 (Australia), Federal Court of Australia, High Court of Australia, Trustee
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Not a soft touch - Hong Kong Court’s increased scrutiny of offshore soft-touch provisional liquidations
    2021-03-23

    A recent pair of decisions of the Hong Kong Companies Court (the “Court”) has immense potential significance for debtor companies listed on the Stock Exchange of Hong Kong (“HKEx”) and their Hong Kong creditors.

    Facts

    Re Lamtex Holdings Ltd [2021] HKCFI 622 and Re Ping An Securities Group (Holdings) Ltd [2021] HKCFI 651 both involved a familiar factual scenario:

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Gareth Thomas , Alexander Aitken , Jojo Fan , Peter Ng
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    High Court orders expedition to determine issues relating to a financial restructuring given insolvency alternative
    2020-08-11

    The High Court has expedited a trial at which it would be determined whether luxury car manufacturer McLaren Group could obtain the release of certain security for the benefit of its senior noteholders, failing which a financial restructuring which was contingent on that release could not be implemented: McLaren Holdings Ltd v US Bank Trustees Ltd [2020] EWHC 1892 (Ch). The court concluded that, absent determination of the proceedings within one month, McLaren Group would have no choice but to enter an insolvency process and that this justified expedition in this case.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Coronavirus
    Authors:
    Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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