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Andrew Kinnison
Examples of work undertaken
include:
- Acting for a public utility on its liability to
pay rates.
- Acting for US hedge fund on taxation issues
concerning short sales of shares.
- Acting for banks on letter of credit disputes
(e.g., Nedcor Asia Ltd -V- ICBC [2000] 4 HKC 69); and in winding up and bankruptcy proceedings.
- Acting for a customer on a claim against an
international bank, for breach of mandate, in allowing unauthorised
payments to be made out of the customer's account.
- Acting for liquidators on claims against
former directors and third parties, based on misfeasance,
breach of duty, fraudulent trading and breach of
trust. Relevant cases include ADS -V- Wheelock Marden
[2000] 3 HKFFAR 70, and also obtaining "Lazurus"
orders to restore companies to the register.
- Obtaining freezing orders to support the
enforcement of international arbitration awards; and
assisting a farmers' cooperative in arbitration proceedings
against overseas buyers.
- Employment and personal injury litigation, and
commodities and (dry) shipping litigation/arbitration.
Examples of cases in which Andrew has appeared as an advocate
include:
- Luk Tsun Yin [2000] 4 HKC 774 - annulment and
rescission of bankruptcy order.
- A Co -v- B Co [2002] 1 HKLRD 111 bank's duty
of confidentiality, with gagging Order, to prevent the bank
informing the customer of the proceedings.
- Re Weihong [2002] 1 HKLRD 541 - no privilege
against self-incrimination for former directors of a company
in liquidation, in a private examination (human rights
legislation notwithstanding).
- Re Weihong (unreported) - arrest warrant and
then the injunction, to ensure that the former director
remained available for the private examination, against
payment of money by him in to Court. The liquidators did not
have to provide a cross-undertaking in damages.
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