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Nathan Dentice

Partner

I specialise in complex commercial litigation and contentious regulatory matters in Hong Kong. I have conducted a wide range of corporate, commercial and securities-related litigation. In my contentious regulatory practice, I represent parties subject to SFC and HKMA investigations and enforcement proceedings. I also advise on public law matters.

phone
+852 2841 6881
mail
[email protected]

I am a member of MinterEllison’s Dispute Resolution Team in Hong Kong.  I began my career in New Zealand before moving to Hong Kong in 2002.

I have conducted a wide range of litigation in courts and arbitral tribunals in Hong Kong, including:

  • shareholder and joint venture disputes;
  • contractual claims;
  • investment and fund disputes;
  • fraud investigations (including asset tracing and recovery);
  • negligence claims; and
  • insolvency.

I also represent parties in contentious regulatory matters, and am the author of SFC Investigations and Enforcement Proceedings, the leading text in respect of contentious securities regulatory matters in Hong Kong.  I further advise several major regulators on the discharge of their public law functions, including The Stock Exchange of Hong Kong, The Hong Kong Institute of Certified Public Accountants and the Competition Commission.  Through my work in the regulatory area, I have conducted many of the leading public law cases in Hong Kong.

I am ranked in Chambers Asia Pacific in the areas of Dispute Resolution: Litigation, Financial Services: Contentious Regulatory, and Insurance: Contentious, and am recognised in The Legal 500 Hong Hong in the areas of Dispute Resolution: Litigation, and Regulatory.  I am described by Chambers Asia Pacific as follows:

Dispute Resolution: Litigation – Nathan Dentice enters the rankings on account of his skilful handling of insurance and financial services disputes. A client enthuses: “He and his team are so good, offering the best customer service I’ve ever seen; he goes above and beyond.”  The client also values that he is “able to share so much industry knowledge when it comes to regulatory issues.”

Financial Services: Contentious Regulatory – Nathan Dentice continues to advise regulatory bodies and professional associations on regulatory investigations, as part of his broader disputes practice. One such client describes him as a “strategic and practical lawyer” who also “does an excellent job in terms of client expectation management.”

Insurance: Contentious – Nathan Dentice handles the full spectrum of contentious insurance matters, with particular skill advising on insurance regulatory investigations. He is also adept at assisting clients with professional negligence claims.

I am the author of the Investigations and Enforcement Proceedings chapter of Lexis’ Practical Guidance – Financial Services, and a member of Lexis’ Practical Guidance Editorial Board.  I am also Honorary Solicitor for the Actuarial Society Hong Kong.

Career Highlights

Much of the work I have undertaken is confidential and/or subject to statutory secrecy, however some of my more notable, publicly reported cases include:

Selected Case Examples

  • East Asia Satellite Television (Holdings) Ltd v New Cotai LLC and others HCA 2189/2009 – Representing a shareholder in a joint venture dispute with two large US hedge funds over the development of a casino in Macau, including commencing a derivative action and petition for unfair prejudice in the Hong Kong High Court. The damages claimed were approximately US$2 billion.
  • Passport Special Opportunities Master Fund, LP and Anor v Esun Holdings Limited and Others [2011] 4 HKC 62 – Representing a listed company and its directors in a derivative action brought by a large US hedge fund against the defendants for breach of fiduciary duties to the Hong Kong listed company, in connection with a placement of shares by the company which was purportedly for the improper purpose of preventing a takeover by the fund.
  • Joe Zhixiong Zhou v SAIF Partners II LP [2020] HKCFA 9 – Representing a former partner of a prominent private equity fund in a dispute over the contractual entitlements to carried interest and allegations of diversion of business opportunities. The case is presently before the Court of Final Appeal.
  • Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 18 – Representing a family trust in trial proceedings and appeals through the Court of Final Appeal in relation to a dispute over the sale of derivative products. The case is now a leading common law authority on the obligations of trustees and their ability to exclude liability.
  • Active Base Ltd v Roderick John Sutton (2009) 12 HKCFAR 621 – Representing the liquidators of Moulin Global Eyecare Holdings, a Hong Kong listed company which collapsed following the discovery of fraud on the part of management and the controlling shareholders, in rejecting a proof of debt filed by a lender on grounds of fraud and lack of authority to enter into the lending agreement.
  • Miu Hon Kit v The Stock Exchange of Hong Kong Ltd [2020] HKCFI 675 – Representing the Stock Exchange of Hong Kong Ltd in judicial review proceedings brought several non-executive and independent non-executive directors challenging a disciplinary decision of the Exchange in respect of a listed company and the directors.
  • The Registrar of the Hong Kong Institute of Certified Public Accountants v KPMG D-16-1206F – Representing the Hong Kong Institute of Certified Public Accountants in disciplinary proceedings against KPMGH and two of its partners for audit failures in connection with China Forestry Holdings Co Ltd, a listed company which collapsed after the discovery of widespread fraud.
  • Competition Commission v Quantr Ltd CTEA 1/2020 – Representing the Competition Commission in an enforcement action against an IT company and its director, for price fixing in the course of bidding for contracts.
  • SFC v Tiger Asia Management [2012] 2 HKLRD 281 – Representing the founder of Tiger Asia Management in proceedings brought by the SFC under s. 213 of the Securities and Futures Ordinance against a hedge fund and its officers in relation to alleged insider dealing. The case concerns constitutional issues including whether the SFC may use the civil process of the courts to ‘prosecute’ criminal offences.
  • SFC v Lee Sung Ho HCA 2177/2011 – Representing a Korean corporation in proceedings brought by the SFC under s. 213 of the Securities and Futures Ordinance against the corporation in relation to alleged insider dealing. The corporation was successful in setting aside the leave granted to serve the proceedings on the corporation outside the jurisdiction. .
  • X v SFC [2012] 4 HKLRD 296 – Representing a prominent financial institution in judicial review proceedings against the SFC, which determined the extent to which the subjects of disciplinary proceedings under Part IX of the Securities and Futures Ordinance are entitled to access to evidence in the possession of the SFC.
  • Report of the Market Misconduct Tribunal in respect of dealings in the shares of China Overseas Land and Investment (8th July 2009) – Representing a specified person in the first ever Market Misconduct Tribunal proceedings for insider dealing in Hong Kong.