29 Nov 2019
5:30 p.m. – 7:00 p.m.
22/F, United Centre, 95 Queensway, Hong Kong (Admiralty MTR, Exit D)
$100/person
Law Society CPD points being applied for
For more information:
+852 2107 0301 (Ms. Lydie Leung)
The Tradepower case was decided by the Court of Final Appeal in November 2009. In the ten years since the decision, it has become one of the most cited cases and has significantly changed the landscape for insolvency recovery actions. This lecture given by the practitioners conducting the case, Mr. Anson Wong SC of Des Voeux Chambers and Mr. Ludwig Ng of ONC Lawyers, will tell the story of this landmark case, explain the practical and legal issues that were overcome and the implications of this case for insolvency practitioners.
Course Outline:
- The background of the case: how did the liquidator decide to launch the action? What factors did he consider?
- How was the case lost at the CFI? What are the lessons to be learned?
- The decision to appeal to the Court of Appeal – how was it made?
- Why did the defendants appeal to the CFA?
- The CFA decision and its application in subsequent cases:-
– What constitutes “disposition”?
– What is meant by “intent to defraud creditors”?
– In what circumstances would the Court presume the existence of an “intent to defraud creditors”?
– Where there is no presumption, how can a party prove the existence of actual “intent to defraud creditors”?
- What policy considerations lie behind the CFA decision in Tradepower?
- What remains undecided after Tradepower? Where do we go from here?
- Recent developments on related claims and liabilities of accessories.
Payment Methods
(1) By Cheque:
Please send a cheque for the sum of HK$100 in favour of ONC Lawyers together with a copy of the registration notification email to 19/F, Three Exchange Square, 8 Connaught Place, Hong Kong (Attn: Lydie Leung).
(2) FPS:
FPS ID: 4311262; Account Name: ONC Lawyers
