We obtained an urgent anti suit injunction for a listed company (the “Company”) in the Hong Kong Court (the “Anti Suit Injunction”), restraining the defendants, being former directors of the Company (the “Defendants”), from interfering with the Company’s ongoing application in the Bermuda Court pending further determination of the Originating Summons filed by us on the same date by the Hong Kong Court.

The Anti Suit Injunction is a remarkable protection to the Company, over which joint provisional liquidators had been appointed by the Bermuda Court following an ex parte application by the Defendants without prior notice to the Hong Kong Court or the parties concerned (the “Appointment Order”). Trading of listed shares was then put to halt. In compliance with the Resumption Guidance by the Stock Exchange of Hong Kong, the Company through its newly appointed directors applied to the Bermuda Court for setting aside and/or discharge of the Appointment Order (the “Set Aside Application”). While the joint provisional liquidators remained neutral, the 1st Defendant being the main protagonist attempted to resist and stall the Set Aside Application.

In granting the Anti Suit Injunction, the Hong Kong Court heavily criticized the Defendants’ conduct in obtaining the Appointment Order being an abuse of process in engaging with forum shopping in Bermuda despite that the Company is listed in Hong Kong and that the parties had already engaged in protracted litigation in Hong Kong Court. Specifically, the conduct of applying for the Appointment Order was described as a calculated abuse of process for frustrating the effect of an earlier order granted by the Hong Kong Court in facilitating the conduct of a special general meeting of the Company.

Having worked over a weekend, we are pleased that our firm’s beat-the-clock efforts in working with a Senior Counsel and a learned junior counsel in Hong Kong and the Company’s legal team in Bermuda have yielded judicial success. It proves that our ample experience and expertise in cross-jurisdictional commercial and corporate disputes and liquidation matters play a pivotal role in critical moments.

We also assist the Company in dealing with corporate and compliance matters amidst ongoing litigations. Our diversity of practices and strong inter-departmental coordination enable corporate clients to receive one-stop legal services, in favour of business efficacy.

The aforesaid services are handled by our Litigation Partner Mr. Roy Leung, assisted by Senior Associate Mr. Olson Lai and Mr. Mathew Liu, Trainee Solicitor Ms. Sherrie Ma, Mr. Manson Chan and Mr. Andes Leung.