Welcome to our litigation podcast “Take 10”. The series features casual 10 minute discussions on the latest litigation cases and market developments relevant to our offshore jurisdictions.
In the second episode of Take 10, Ian Mann and Dayton Riddle discuss common law recognition and the case of Supreme Tycoon.
Click below to listen.
- The Hong Kong Court determined that it could recognise a foreign voluntary liquidation of a Company.
- The Court distinguished Supreme Tycoon from Lord Sumption’s obiter dicta in Singularis noting that the key is whether the foreign proceeding was “a process of collective enforcement of debts for the benefit of a general body of creditors.”
- The mere fact that the foreign liquidation was voluntary did not bar the Hong Kong Court from recognition and assistance under the principle of modified universalism.
Stay tuned for the next episode of Take 10.