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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...


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...


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 ...


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...


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...


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...


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...


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...


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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