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Tim Au
Must a foreign judgment be registered before being relied on as a petitioning debt?
The Court of Appeal of England and Wales (“EWCA”) recently handed down its decision in Servis-Terminal LLC v Valeriy Ernestovich Drelle [2025] EWCA Civ 62 clarifying that, as a matter of English law, an “unrecognised” foreign judgment cannot be relied upon as a basis to…Read More
5 Impactful R&I Cases from 2024
If you would like to discuss any of the matters raised in this article, please contact: Robin Darton Partner | E-mail Tim Au Partner | E-mail The above is not intended to be relied on as legal advice and specific legal advice should be sought…Read More
Legal update: Rights vs. Interests – English decisions not followed in Re Aoyuan Group Limited [2025] HKCFI 310
In the recent decision of Re Aoyuan Group Limited (“Aoyuan”), Harris J sanctioned the inter-linked and inter-conditional schemes of arrangement promulgated by Aoyuan and its key subsidiary, Add Hero Holdings Limited (“Hero”), to restructure total liabilities in excess of US$6 billion. In doing so, Harris…Read More
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
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
Tim Au and Adrian Au have been recognised as Hong Kong’s most influential lawyers under 40 by Hong Kong Business Magazine
We are thrilled to announce that our partners Tim Au and Adrian Au have been recognised as Hong Kong’s most influential lawyers under 40 by Hong Kong Business Magazine. Congratulations to Tim and Adrian!
Our Restructuring and Insolvency Practice is acknowledged in Global Restructuring Review’s GRR100 2023
We are pleased to share that for the fifth year running our Restructuring and Insolvency Practice is acknowledged as a key player and remains the sole Hong Kong-centred firm in Global Restructuring Review’s GRR100 2023 compilation of the world’s leading law firms for cross-border restructuring and…Read More
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
Stay of Play: Winding-Up v. Arbitration (Again)
The recent Hong Kong Court of First Instance decision of Re Shandong Chenming Paper Holdings Limited marks another intersection between the public domain of insolvency and the private realm of arbitration. In this and previous decisions, the Hong Kong courts have grappled with the issue…Read More
