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Insolvency
Legal Update: Recognition Order Granted notwithstanding SFC’s Restrictive Notice and Police’s Letter of No Consent
Tanner De Witt acted for Chan Ho Yin (also known as Michael Chan) of Kroll (HK) Ltd and Elaine Hanrahan, the Joint Liquidators of Bull’s-Eye Limited (in Liquidation) (“BEL”) which was wound up in the BVI on 15 January 2024. BEL is a company connected…Read More
Legal update: Privy Council’s decision in Sian Participation Corp (In Liquidation) v. Halimeda International Ltd – are we back to square one?
This note updates a series of Tanner De Witt articles on the interaction between dispute resolution clauses and the Court’s insolvency jurisdiction. The previous articles are: The update arises because of the widely reported Privy Council decision in Re Sian Participation Corp[1] that the English…Read More
Stop resisting! Solicitors must deliver up the client files of its former insolvent client to the liquidators.
In what can only be described as a regretful sequence of events, a firm of solicitors was ordered to pay indemnity costs for unreasonably refusing to deliver up its former client’s files to the liquidators where no lien was claimed. Legal practitioners should bear in…Read More
A “one stop” recognition order requiring non-responsive third parties to comply
Given Hong Kong’s status as an international financial hub and the fact that more than 75% of the companies listed on the main board of the Hong Kong Stock Exchange are incorporated in either the Cayman Islands or in Bermuda (only around 11 percent are…Read More
The Legacy of Re Guy Lam Lives on
The landmark Court of Final Appeal (“CFA”) decision of Re Guy Lam[1] has generated numerous articles written by practitioners and academics on the interaction between exclusive jurisdiction clauses and the court’s jurisdiction to wind up or bankrupt a debtor. Following the CFA’s decision, the Guy…Read More
5 Most Impactful Hong Kong Restructuring and Insolvency cases in 2023
2023 was a busy year for the restructuring and insolvency industry in Hong Kong. we had a ground breaking decision of the Court of Final Appeal (CFA) ruling on the conflict between dispute resolution clauses and the Court’s jurisdiction to wind-up/bankrupt a debtor. We also…Read More
Tanner De Witt is delighted that our law firm has achieved consistent recognition in Chambers and Partners Greater China Region Guide 2024
Tanner De Witt is delighted that our law firm has achieved consistent recognition in Chambers and Partners Greater China Region Guide 2024. We are honoured to have maintained top-notch rankings for an impressive 14-year stretch. Big congratulations to our exceptional team for earning this well-deserved recognition. Restructuring & Insolvency:…Read More
Tanner De Witt at the Singapore Insolvency Conference 2023
Ian De Witt and Robin Darton represent Tanner De Witt at the Singapore Insolvency Conference 2023. Their participation showcases our commitment to staying abreast of industry trends and fostering meaningful connections with the insolvency community.
Bankruptcy overturned – can I have my money back please?
Where a bankruptcy order is set aside after a successful appeal by the debtor, who should be liable for the fees and expenses of the trustees in bankruptcy (whether the Official Receiver (as provisional trustee) or trustees appointed by the creditors)? Should such fees and…Read More
Will the Real Bondholder Please Stand Up? Unravelling the Locus Standi of Global Note Investors in Winding-Up Petitions
Introduction In a landmark decision issued in July, Re Leading Holdings Group Limited [2023] HKCFI 1770, the Hong Kong Courts addressed, for the first time, the right of an investor of a global note to present a winding-up petition as a contingent creditor. The Case…Read More
Recent Changes to Hong Kong Bankruptcy Laws; a win for creditors and the environment
The Government of Hong Kong continues its push towards favouring digitisation over using hardcopy documents. The new changes to local bankruptcy laws allows: (1) electronic service of statutory demands; (2) using electronic bundles and skeletons for winding-up and bankruptcy applications; and (3) allowing electronic submission…Read More
ChatGPT for lawyers – are we out of a job?
It is almost impossible to open a newspaper these days without being confronted by a dozen or so articles about Artificial Intelligence. OK , so I guess the reference to a ‘newspaper’ was the first clue to the fact that I may not be in the…Read More
