Richard Keady

1 month ago | lexology.com | Richard Keady |Jenny Zhuang |Ray Chan

It is quite common for a former employee, post termination, to make claims for unpaid statutory holiday pay or annual leave pay. This is what happened in the case of 甘建霖 對 Ray White (Hong Kong) Limited [2025] HKCFI 728. Mr Kan worked as a senior client manager for Ray White, a company engaged in the sale and marketing of overseas properties.

Apr 30, 2024 | lexology.com | Richard Keady |Grace Lee |Sunny Liu

The Court of Appeal recently issued two judgments in Re Simplicity & Vogue Retailing (HK) Co. Limited [2024] HKCA 299 (the CFI decision previously discussed here) and Arjowiggins HKK2 Limited v. Shandong Chenming Paper Holdings Limited [2024] HKCA 352 (the CFI decision previously discussed here). These two judgments were handed down on the same day, both of which addressed the application of the landmark Court of Final Appeal decision in Re Guy Kwok-Hung Lam v.

Aug 23, 2023 | lexology.com | Richard Keady |Grace Lee

In a recent Court of First Instance decision in Re Shandong Chenming Paper Holdings Ltd [2023] HKCFI 2065 (Shandong Chenming), Harris J addressed the following issues which are important factors to be considered by creditors in strategising whether to opt for commencing winding-up proceedings against a debtor in recovering a debt, as well as by debtors in potentially raising cross-claims to defend a winding-up petition:whether the principle in Re Guy Kwok-Hung Lam v.

Jun 26, 2023 | lexology.com | Richard Keady |Grace Lee

IntroductionIn Simplicity & Vogue Retailing (HK) Co., Limited [2023] HKCFI 1443, the Court of First Instance (CFI) made a winding-up order against the Company, clarifying that the court maintains discretion to dismiss or stay a petition in bankruptcy and insolvency matters despite the presence of an arbitration clause.

May 23, 2023 | lexology.com | Richard Keady |Grace Lee

In Re Guy Kwok-Hung Lam v. Tor Asia Credit Master Fund LP [2023] HKCFA 9, the Court of Final Appeal (CFA) handed down a decision in an appeal concerning the appropriate exercise, by the Court of First Instance (CFI), of the discretion to decline the exercise of jurisdiction in bankruptcy and insolvency matters on forum grounds, specifically, where the underlying dispute regarding the petition debt is the subject of an exclusive jurisdiction clause (EJC).