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The carnival is over – directors face cost consequences of opposing winding up

Directors who oppose company windings up with little more than a hope that a restructuring proposal may bear fruit may have to weigh their actions carefully going forward, following a...

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Hong Kong court issues stunning criticism of provisional liquidators for abusing winding-up procedure

A Hong Kong court has severely criticised the provisional liquidators (PLs) appointed by the court in the company’s place of incorporation in the Cayman Islands, for trying to...

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NFT at your service – English court grants service of proceedings by blockchain

For the first time, the English court has granted permission for service of proceedings to be effected by non-fungible token (NFT) on the blockchain. The option to serve by NFT may be vital ...

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Hong Kong court gives creditors the nod to sue despite Chapter 15 scheme recognition

The Hong Kong court has sanctioned a scheme of arrangement for a Hong Kong-listed, Bermuda-incorporated fertilizer manufacturer based in the mainland. In doing so, the Honorable Mr Justice...

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Hong Kong court highlights COMI over place of incorporation when recognising foreign insolvency processes

The Hong Kong court has confirmed that – going forward – the court is ready to recognize and assist a foreign insolvency process conducted in the company’s center of...

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Deja vu? Hong Kong court orders winding-up of Bermuda-based listco despite PLs' objections

The Court of First Instance held in Re Up Energy Development Group Limited [2022] HKCFI 1329 that where the three core requirements for winding-up a foreign company under section 327(1) of...

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Hong Kong Court of Final Appeal confirms mere threat of winding-up is enough to confer jurisdiction

In Shandong Chenming Paper Holdings Limited v Arjowiggins HKK2 Limited [2022] HKCFA 11, the Court of Final Appeal has confirmed that the "leverage" created by the prospect of a...

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Draft with care – Hong Kong court highlights the importance of proper pleadings

The Hong Kong Court of First Instance case has denied declaratory and payment order relief sought by a company that had been the victim of cyber fraud because of issues with their...

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Statutory bodies – forced to enforce?

The Hong Kong Court of Appeal (Poon CHJC, Barma, and Au JJA) has imposed upon a statutory corporation an obligation to consider whether it should take measures to enforce a lease against a...

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