EN

Nathan Dentice

Partner

I am a partner in MinterEllison’s Dispute Resolution team in Hong Kong, with over 20 years of experience practising as a litigation solicitor in the jurisdiction. I was admitted in New Zealand in 1998 and in Hong Kong in 2005, and have practised continuously in Hong Kong since that time.

phone
+852 2841 6881
mail
[email protected]

My practice focuses on complex commercial disputes and contentious regulatory matters. I regularly represent clients in high-value, complex litigation before the Hong Kong courts and in arbitral proceedings across a broad range of disputes, including:

  • Shareholder and joint venture disputes
  • Contractual claims
  • Investment and fund-related disputes
  • Fraud investigations, including asset tracing and recovery
  • Professional negligence claims
  • Insolvency-related matters

I have particular experience in investment and fund disputes. I frequently act for investors in claims against banks and investment managers arising from the mis-selling of financial products, negligent portfolio management, and fraudulent misappropriation of assets. I also advise on internal fund disputes, including carried interest entitlements, termination of senior personnel for cause, and issues arising from separation arrangements.

In addition, I am well-versed in professional negligence matters. I represent Hong Kong Solicitors Indemnity Fund Limited, which administers the legal profession’s Professional Indemnity Scheme, as well as regulators of the accounting profession in Hong Kong. Through this work, I regularly defend law firms against negligence claims and prosecute disciplinary proceedings against accounting firms.  I also act in civil claims against auditors for audit negligence.

My contentious regulatory practice includes advising major regulators on the exercise of their statutory and public law functions. My clients include:

  • The Stock Exchange of Hong Kong
  • The Accounting and Financial Reporting Council
  • The Hong Kong Institute of Certified Public Accountants
  • The Competition Commission

I am widely recognised for my work in securities enforcement and investigations. I am the author of the first edition and co-author of the second edition of SFC Investigations and Enforcement Proceedings (LexisNexis), the leading Hong Kong text on investigations and enforcement under the Securities and Futures Ordinance. I have extensive experience acting for parties in investigations by the Securities and Futures Commission (SFC), as well as in related proceedings before the Market Misconduct Tribunal, the Securities and Futures Appeals Tribunal, and the Hong Kong courts. I also advise clients in respect of extradition proceedings and challenges to Interpol Red Notices, commonly arising in connection with regulatory investigations and enforcement proceedings overseas.

Through my regulatory work, I have been involved in many of Hong Kong’s leading public law cases, with a particular focus on judicial review proceedings concerning the exercise of investigative and enforcement powers by securities and accounting regulators.  I have been engaged as an expert witness on Hong Kong securities laws and regulations in both court proceedings and arbitral proceedings.

I am highly ranked by both Chambers & Partners and The Legal 500 for Financial Services: Contentious Regulatory, Dispute Resolution: Litigation, and Insurance: Contentious (International Firms).

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 Matters

Shareholder and joint venture disputes

  • 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 Court of First Instance (CFI), in a claim for damages of US$2b.
  • Passport Special Opportunities Master Fund, LP and Anor v Esun Holdings Limited and Others [2011] 4 HKC 62 – Acting for 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 allegedly for the improper purpose of preventing a takeover by the fund.

Investment and investment fund disputes

  • Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 18 – Acting for a trust in proceedings before the CFI, Court of Appeal (CA) and Court of Final Appeal (CFA) in a claim for damages in excess of US$60m relating to negligent mis-selling of financial derivatives by DBS Bank.
  • Real Estate and Finance Fund (In Liquidation) v Sun Cheuk Pak Alan and Others [2025] HKCFI 2478 – Acting for two investment funds in proceedings before the CFI and CA in a claim for damages in excess of US$75m relating to fraudulent misappropriation of fund assets by the former managers of the fund.
  • Joe Zhixiong Zhou v SAIF Partners II LP [2020] HKCFA 9 – Acting for a former partner of a prominent private equity fund in proceedings before the CFI, CA and CFA in a dispute over contractual entitlement to carried interest and allegations of diversion of business opportunities, in a claim for damages in excess of US$20m.

Accounting and audit negligence

  • Victory City International Holdings Limited (In Liquidation) v Deloitte Touche Tohmatsu [2025] HKCFI 5505 – Acting for a former listed company against Deloitte Touche Tohmatsu in proceedings before the CFI, in a claim for damages of approximately US$1b for alleged negligence in the audit of the Group’s consolidated accounts.
  • JH CPA Alliance Ltd v The Accounting and Financial Reporting Council AFFRT/1/2025 – Acting for the Accounting and Financial Reporting Council in proceedings before the Accounting and Financial Reporting Review Tribunal in review proceedings brought by an accounting firm and two of its representatives, in connection with disciplinary proceedings for alleged failures in auditing a listed company.
  • The Registrar of the Hong Kong Institute of Certified Public Accountants v KPMG D-16-1206F – Acting for the Hong Kong Institute of Certified Public Accountants in disciplinary proceedings against KPMG 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.

Securities investigations and enforcement proceedings

  • Y v SFC HCMP 2848/2016 – Acting for a prominent Mainland company in challenging the lawfulness of searches and seizures of the company’s premises, which were conducted by staff of the SFC for the purposes of investigations under section 183 of the Securities and Futures Ordinance.
  • SFC v Tiger Asia Management [2012] 2 HKLRD 281 – Acting for 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.
  • SFC v Lee Sung Ho HCA 2177/2011 – Acting for 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, in which the leave granted to serve the proceedings on the corporation outside the jurisdiction was set aside.
  • X v SFC [2012] 4 HKLRD 296 – Acting for a prominent financial institution in judicial review proceedings against the SFC, which determined the extent to which 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 (8 July 2009) – Acting for a specified person in the first ever Market Misconduct Tribunal proceedings for insider dealing in Hong Kong.
  • Luk Ka Cheung v The Market Misconduct Tribunal HCAL 49/2008 – Acting for a specified person in challenging the constitutionality of the Market Misconduct Tribunal, on the grounds that the Tribunal contravened the separation of powers requirements of the Basic Law.

Competition law

  • Competition Commission v Quantr Ltd CTEA 1/2020 – Acting for the Competition Commission in an enforcement action against an IT company and its director, for price fixing in the course of bidding for contracts.

Public law cases

  • Cai Zhengrong v The Stock Exchange of Hong Kong Ltd [2021] HKCA 1179 – Acting for the Stock Exchange in judicial review proceedings before the CFI and CA, challenging the application of Rule 6.01A of the Listing Rules and the Exchange’s delisting process, in a case which confirmed the underlying lawfulness of the process.
  • HLB Hodgson Impey Cheng (a firm) v The Hong Kong Institute of Certified Public Accountants – Acting for the Hong Kong Institute of Certified Public Accountants in judicial review proceedings before the CFI, CA and CFA, challenging the lawfulness of the delegation of investigation functions by a statutory Investigation Committee, in a case which determined the application of constitutional independence requirements to such bodies.
  • Peter Po Fun Chan v Winnie CW Cheung (2007) 10 HKCFAR 676 – Acting for the Registrar of the Hong Kong Institute of Certified Public Accountants in judicial review proceedings before the CFI, CA and CFA, challenging the lawfulness of a decision in relation to restoration to the register of certified public accountants, in a case which revised the threshold for obtaining leave to apply for judicial review.
  • The Stock Exchange of Hong Kong Limited v New World Development Co Ltd (2006) 9 HKCFAR 234 – Acting for the Stock Exchange in judicial review proceedings before the CFI, CA and CFA, challenging the lawfulness of the Exchange’s disciplinary procedures and the prohibition on lawyers making oral submissions to the Disciplinary Committee, in a case which considered whether parties in such proceedings were entitled to the constitutional protections applicable to court proceedings.