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Hong Kong Court recognises foreign insolvency proceedings despite no COMI
In a previous blog post, we considered Re Global Brands Group Holdings Ltd [2022] HKCFI 1789 which reflects an alignment with the global trend to …
Hong Kong Court orders JPEX to return HK$1.85 million in USDT amid largest crypto fraud scandal
JP-EX Crypto Asset Platform Pty Ltd and its affiliated Hong Kong company (“JPEX”), a purported cryptocurrency exchange and investment …
Hong Kong Court dismisses trustee's petition to wind up XJ International Holdings as debt was found to be disputed
In Re XJ International Holdings Co Ltd [2024] HKCFI 1378, the Hong Kong Court dismissed a trustee's petition to wind up XJ International Holdings …
Hong Kong Court examines "choice of Mainland court agreement" under previous statutory regime of Mainland-Hong Kong reciprocal enforcement of judgments
Following our recent blogpost, the Hong Kong Court has considered another case under the previous statutory regime of Mainland-Hong Kong reciprocal …
Liquidators' wide-ranging application for documents dismissed by the English High Court
The English High Court has recently in Webb v Eversholt Rail Limited [2024] EWHC 2217 (Ch) dismissed an application by liquidators to obtain documents …
Hong Kong Court considers requirements for shareholders commencing statutory derivative actions against companies
Under section 733 of the Companies Ordinance (Cap. 622) ("Ordinance"), a member of a company may bring proceedings if misconduct has been …
Hong Kong Court of First Instance follows the Guy Lam approach notwithstanding the recent English Privy Council's decision in Sian Participation
We recently blogged (here) about the Privy Council decision of Sian Participation Corporation (In Liquidation) v Halimeda International Ltd [2024] UKPC …
Hong Kong Court ordered disclosure of accounts to maintain healthy operation of decentralised autonomous organisation (DAO)
In a recent decision Mantra DAO Inc. and Another v John Patrick Mullin and Others [2024] HKCFI 2099, the Hong Kong Court issued a disclosure order …
The Hong Kong Court of Final Appeal considers principles of Quistclose trust
The recent Court of Final Appeal (the "CFA") case of China Life Trustees Limited v China Energy Reserve and Chemicals Group Overseas Company …
The Hong Kong Court of Appeal extends Re Guy Lam approach to cross-claims subject to arbitration agreement
In Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] HKCA 299 (Simplicity; which we blogged about here), the Court of Appeal confirmed that the …
Hong Kong Court confirms need for wrongfulness or impropriety for the Quincecare duty of care to be engaged
The Hong Kong Court of First Instance has confirmed that, absent facts suggesting there is a real possibility that a transaction might be wrongful or …
Navigating the crossroads between arbitration and insolvency proceedings: the Hong Kong Court of Appeal applies Guy Lam principles in a winding up case involving an arbitration clause
Can a creditor obtain a winding up order against a debtor company if the underlying dispute over the debt is subject to an arbitration agreement between …
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