LK Blog

The LK Blog aims to provide timely analysis and commentary on decisions of interest from the leading appellate courts and important industry developments.

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You Can’t Take it with You: Funeral Business Ordered to Account for Total Value of Business Dishonestly Obtained from Competitor

Foresters, a hitherto unsuccessful funeral products business, who had acquired the benefit of a profitable funeral products business by knowingly assisting two employees of a competitor to dishonestly breach their fiduciary duties, was required to disgorge the total capital value…

Kevin Kee

Though Much is Taken, Much Abides: Illegality after Patel v Mirza

Patel v Mirza [2017] AC 467 was a pivot point for the illegality doctrine in English law. It represents an attempt to re-orient the law to enable the courts to discuss more transparently the policy factors undergirding their decisions and…

Kevin Kee

High Court of Australia Confirms the Validity of a “Holding” Deed of Company Arrangement

In Mighty River International Ltd v Hughes [2018] HCA 38, the High Court confirmed the validity of a deed of company arrangement (“deed”) binding a company and its creditors to an extension of the period of a voluntary administration while…

Mark Giddings

Trust but Verify: Foreign Trustee’s Liability Under English Agreement Limited by Foreign Law

A Jersey trustee’s liability under an English law governed loan agreement was limited by Jersey trust law, the Privy Council has held. In doing so, the Privy Council laid down a general rule applying to foreign entities, including unincorporated entities. …

Kevin Kee and Andy Lau

Victorian Court of Appeal Provides Guidance on Whether the Corporations Act Priority Scheme Applies to Insolvent Corporate Trustees

In the recent decision of Commonwealth of Australia v Byrnes and Hewitt [2018] VSCA 41 (Commonwealth v Byrnes), the Victorian Court of Appeal provided guidance on the contentious question of whether a corporate trustee’s right of indemnity from trust assets…

Kate McFarlane

Caparo is Dead, Long Live Caparo! English Supreme Court Decides Foundational Principles Regarding Duty of Care

The history of the modern law of negligence has been shaped by competing impulses of unity and division. One court seeks to formulate general principles to identify whether a person owes a duty of care to another. Later courts reject…

Kevin Kee

Freezing Assets of a Non-Defendant – Chabra Injunctions in the Hong Kong Court of Appeal

A court may make an order freezing a person’s assets even if that person is not a defendant to proceedings and even if the plaintiff has no cause of action against that person. Such an injunction is called a “Chabra”…

Ellie Ruiz

Financiers Beware: Does an Arranging Bank of Financing Documents Owe a Duty of Care to the Investors of the Transaction?

This much anticipated litigation in relation to a Saudi law governed Sukuk has established that an arranging bank can owe a duty of care to non-client investors in executing the functions it has assumed in relation to the transaction. Whilst…

Lucas Arnold

Negligence Claims Against Former Directors: Recent Developments on the Doctrine of Attribution and the Applicability of the Special Time Limit

When management control of a company changes, for example, with the appointment of a liquidator or a new Board of Directors, the new management may wish to scrutinise the actions of the old management and hold them accountable for any…

Kevin Kee and Christina Lo

Non-Core Insolvency Claims: Straddling the Line Between Arbitrability and Non-Arbitrability

It is trite to say that insolvency matters are non-arbitrable. However, an emerging line of authority suggests a nuanced and fact sensitive enquiry is nevertheless necessary to properly ascertain the essential character of the dispute. The mere fact that certain…

Julia Dreosti and Patrick Leeson
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