Cases

Recognition of Foreign Restructuring Plan: Bermuda Pushing the Common Law Envelope in Seadrill

17 April 2018

In Re Seadrill Drilling [2018] SC (Bda) 30 Com (5 April 2018), the Bermuda court recognised and enforced a US Chapter 11 reorganisation plan in relation to Bermuda-incorporated companies. The court’s reasoning appears to sit somewhat  uncomfortably with the UK Supreme Court decision in Rubin v Eurofinance [2012] UKSC 46; [2013] 1 AC 236 and the Privy Council decision in Singularis Holdings v PricewaterhouseCoopers [2014] UKPC 36; [2015] AC 1675.  It is doubtful if the Hong Kong court would follow the Bermuda court’s approach. The facts and... View Case

The Court of Final Appeal laid down a definitive ruling on the meaning of malice in the context of the qualified privilege defence

10 April 2018

Jonathan Lu & Others v Paul Chan Mo-Po & Another [2018] HKCFA 11 In this important recent decision, in unanimously allowing the Plaintiffs’/Appellants’ appeal, the Court of Final Appeal laid down a definitive ruling on the meaning of malice in the context of the qualified privilege defence.  The judgment was given by Lord Reed NPJ, with whom Ma CJ, Tang and Fok PJJ and Chan NPJ agreed.  The Court agreed... View Case

HK Landmark Judgment: Arbitration Trumps Winding-Up Petition

06 April 2018

Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426 On 2 March 2018, Harris J handed down a landmark judgment holding that, where a creditor presents a winding-up petition based on a disputed debt which is covered by an arbitration agreement between the creditor and the company, the court would generally dismiss the petition.  In so holding, Harris J brought Hong Kong law in line with the position... View Case

Provisional Liquidators’ Restructuring Powers Clarified: China Solar

03 April 2018

The Court of Appeal decision in Re Legend International Resorts [2006] 2 HKLRD 192 had caused many to doubt if provisional liquidators appointed in Hong Kong could play a restructuring role at all. Twelve years later,  in Re China Solar Energy Holdings [2018] HKCFI 555, Harris J has clarified that provisional liquidators need to be appointed on such conventional grounds as asset preservation. But where the circumstances warrant it, the... View Case

Oriental v Google (CACV 53, 54 & 55/2017)

14 February 2018

  These three recent appeals in the Court of Appeal concern three defamation claims against Google. The Plaintiffs sue Google as an Internet search engine, the owner/operator of a blog and the owner/operator of an Internet discussion forum respectively. Google is a US corporation, and the Plaintiffs obtained leave to serve the writ on Google outside Hong Kong. In dismissing Google's appeals against the Judge's refusal to set aside service of... View Case

Multi-Winner Investment Ltd v Lau Ming Yee [2017] 1 HKLRD 328

30 January 2018

The Defendant in this recent case successfully relied on the defence of qualified privilege to defeat the Plaintiff's defamation claim. The defence was raised in respect of alleged defamatory statements published by the chairperson of the management committee of the incorporated owners of a building to all owners of the building. Mr Justice David Lok observed that: (1) The authorities show that there is a common interest among the owners of... View Case

Re Everglory Energy Limited HCCW198/2016

08 June 2017

In a recent novel decision, Re Everglory Energy Limited HCCW198/2016, 19 January 2017, the Hong Kong High Court’s Anthony Chan J. held that there was jurisdiction which he exercised in his discretion, to reconstitute the board of directors of a company as interim relief before trial of a petition for relief against unfair prejudice, alternatively just and equitable winding up. The Court granted the Petitioner’s application for such interim relief to... View Case

Sam Woo Marine Works Ltd v IO of Po Hang Building & Secretary for Justice (2017) 20 HKCFAR 240

31 May 2017

In this recent decision, the Court of Final Appeal upheld the constitutionality of section 63B of the District Court Ordinance (Cap. 336) on the basis that it is proportionate and does not go beyond what is reasonably necessary for the achievement of the legitimate aims. Lawrence K F Ng represented the Respondent in the Court of Final Appeal.  Please click here to read the full judgement View Case

Kingboard Chemical Holdings v Annuity & Life Reassurance Ltd (Bermuda Court of Appeal)

05 April 2017

Kingboard Chemical Holdings v Annuity & Life Reassurance Ltd (Bermuda Court of Appeal) The principles governing the unfair prejudice remedy under section 111 of the Bermuda Companies Act 1981 were considered by the Court of Appeal for Bermuda in the recent decision of Kingboard Chemical Holdings v Annuity & Life Reassurance Ltd (Civ. App. 24 of 2015, 24 March 2017, Unreported).    The Court’s judgment was delivered by Sir Christopher... View Case

Competition Commission v Nutanix Hong Kong Limited & Ors, CTEA 1/2017

05 April 2017

Competition Tribunal hands down decision on confidentiality in first enforcement case brought by Hong Kong Competition Commission against suspected bid-riggers Mr Justice Godfrey Lam handed down the first written decision of the Competition Tribunal on 28 March 2017 setting precedent for the treatment of confidential information in originating documents filed in the specialist court. The decision was given in Competition Commission v Nutanix Hong Kong Limited & Ors, CTEA 1/2017,... View Case