Asia Disputes Notes
Tag: peter ng
Showing 9 out of 9 results
When informal workouts don't work out: English High Court rules bank that lent support to restructuring did not dishonestly assist in putting assets beyond creditors' reach
In the current economic climate, more and more companies are getting into financial difficulties, informal workouts by debtor companies, with support …
Litigation and Arbitration Funding in Hong Kong: Will the UK Supreme Court decision in PACCAR Affect Hong Kong Litigation Funding?
In R. (on the Application of PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28 (judgment handed down on 26 July 2023), the UK Supreme Court …
English High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim
When a company is in the so-called “twilight zone” approaching insolvency, it is well-established that the directors’ fiduciary duties require them to …
Not "worthless window dressing": Hong Kong Court declares keepwell deeds are enforceable contractual obligations
In two remarkably similar cases, Re Peking University Founder Group Company Limited [2023] HKCFI 1350 (the “Peking University Case”) …
Lessons from the Hong Kong Court on the fixed and floating charge distinction
Valuable lessons can be learnt from the Hong Kong Court of First Instance’s ("CFI") recent decision in Bei Ni Ltd v Cornwell (Hong Kong) Limited [2023] …
Companies Court holds register of members is not conclusive evidence of share ownership and rectification is not an automatic right
Section 633(1) of the Companies Ordinance allows a person or a member of the company to apply to the Court to request a rectification of the register of …
UK Supreme Court clarifies the scope of Quincecare duty for financial institutions executing customer payments
Earlier this month, the UK Supreme Court in Philipp v Barclays Bank UK plc [2023] UKSC 25 addressed the scope of the Quincecare duty in the context of an …
Keeping the door open: Hong Kong Court reaffirms commitment to mutual recognition of insolvency proceedings with Mainland China
Two recent cases, Re Guangdong Overseas Construction Corporation [2023] HKCFI 1340 (the "GOCC Case") and Re Trinity International Brands Limited [2023] …
HONG KONG COURT OF APPEAL PROVIDES CERTAINTY ON BAR AGAINST REFLECTIVE LOSS
On 21 April 2023, the Hong Kong Court of Appeal (CA) released its judgment Power Securities Co Ltd v Sin Kwok Lam [2023] HKCA 594, which provided …