Insolvency

Stan Cheung examines how the Hong Kong Court may use its’ wide discretion in making a decision on costs after the costs hearing has already taken place.

In a recent costs decision handed down in March 2018 in a committal proceedings, the Court of First Instance (“CFI”) in China Metal Recycling (Holdings) Ltd v Chun Hei Man [2018] HKEC 676 considered whether it could, in exercising the wide discretion on costs under Section 52A of the High Court Ordinance and O.62, r.2(4) of the Rules of the High Court, rely on matters or findings in the judgment handed down by the Court of Appeal (“CA”) after the costs hearing had already taken place.

Nick Gall and Ashima Sood contribute the Hong Kong chapter of The International Comparative Legal Guide to: Corporate Recovery & Insolvency 2018 Edition

The ICLG to: Corporate Recovery & Insolvency covers common issues in corporate recovery and insolvency – including issues that arise when a company is in financial difficulties, restructuring options, insolvency procedures, tax, employees, cross-border issues, groups and reform – in 31 jurisdictions.

Nick Gall and Ashima Sood contribute the Hong Kong section of The International Comparative Legal Guide to: Corporate Recovery & Insolvency 2017 Edition

This article first appeared in the 11th edition of The International Comparative Legal Guide to: Corporate Recovery & Insolvency; published by Global Legal Group Ltd, London.https://iclg.com/practice-areas/corporate-recovery-and-insolvency/corporate-recovery-and-insolvency-2017/hong-kong

Dispute Resolution Newsletter – December 2015

Court of Final Appeal - Winding Up Foreign Companies in Hong KongOn 11 November 2015, the Court of Final Appeal (the “CFA”) handed down its decision ending the 8-year family feud between members of the second-generation owners of the much-loved Yung Kee restaurant. The CFA ruled that Yung Kee Holdings Limited (the “Company”), be wound up, but gave the parties 28 days within which to discuss a share buy-out. The decision has attracted the close attention of both Hong Kong’s legal community and fans of the iconic family restaurant as it represents a landmark determination on principles concerning the Hong Kong Courts’ jurisdiction to wind up foreign companies.