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Hong Kong: Court of First Instance clarifies test for adding debts accrued after presentation of a creditors' winding up petition
In Re Hin-Pro International Logistics Limited[1], the Hong Kong Court of First Instance held that it has jurisdiction to grant leave to amend a …
Hong Kong's top court finds delay in commencement of bankruptcy period unconstitutional
In the recent case of Official Receiver v Zhi Charles (FACV 8/2015) (5 November 2015), the Court of Final Appeal (the "CFA") found s 30A(10)(a) of the …
Transactions at undervalue and unfair preferences - how will the Court interpret s49 and s50 of the Bankruptcy Ordinance?
In Wong Tak Man, Stephen & Another v Cheung Siu Fai & Ors [2015] HMP 1431/2012, the Court held that transfers of funds made by a bankrupt were …
Hong Kong Court of Final Appeal clarifies the law in respect of shareholders' petitions to wind up foreign companies on just and equitable grounds
In its landmark decision of Kam Leung Sui Kwan v Kam Kwan Lai & Ors FACV 4/2015, issued yesterday, the Court of Final Appeal has brought some closure …
Hong Kong Court considers commercial character of funder in context of assessing commercial funding arrangements for companies in liquidation
The case of Re Company A-E [2015] HCMP 2019/2015 demonstrates that the Court will take a practical approach in determining whether a funding arrangement …
Singapore: Third party litigation funding now permissible in the context of insolvency
In the recent landmark decision of Re Vanguard Energy Pte Ltd [2015] SGHC 156, the Singapore High Court confirmed that litigation funding may, in the …
Staying a 25-year old winding up proceeding
In the unusual case of Albert Edward Rodrigues v Associacao Portuguesa de Socorrous Mutuos (in liquidation) (HCMP 1391/2014), the Hong Kong Court of …
Stay of Hong Kong winding-up petition pending foreign appeal proceedings
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 …
Discharging Court appointed interim receivers in Hong Kong
In the very recent, but complex, case of Achieve Goal Holdings Limited v Zhong Xin Ore-Material Holding Company Limited (HCA 1987/2005), the Court of …
The status of foreign liquidators recognised in Hong Kong
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 …
Cross Border Insolvencies: Hong Kong Court further clarifies the legal principles in respect of winding up an unregistered overseas company
The exercise of the court's discretionary jurisdiction to wind up an unregistered overseas company has again come under judicial spotlight in the recent …
Hong Kong Court of Appeal cooks elder brother's goose in Yung Kee case by dismissing appeal
On 6 March 2014 the Court of Appeal dismissed an appeal in the Yung Kee Holdings Limited family company dispute. In doing so, the Court of Appeal …
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