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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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