Harley Schumann

Partner

Personal Profile

Harley is an experienced litigator with broad experience in commercial litigation, arbitration and insolvency related investigations. Harley regularly appears as advocate and has been granted Higher Rights of Audience as a Solicitor Advocate in Hong Kong.

Harley has acted for liquidators in a number of large scale complex recovery cases in respect of some of the largest corporate collapses in the Asia Pacific Region.

Harley has extensive experience in cross border proceedings and foreign court assistance in insolvency investigations. A number of his cases have involved intermediate and appellate proceedings, including before the High Court of Australia, the Hong Kong Court of Final Appeal and the Privy Council.

In 2016, Harley was named in the Doyle’s Guide as a Rising Star in Litigation & Dispute Resolution.

Harley joined Lipman Karas in 2008 before undertaking an associateship with the Honourable Justice Layton of the Supreme Court of South Australia. He moved to Lipman Karas in Hong Kong in 2016.

Key Experience

China Medical Technologies, Inc
Representing the court appointed liquidators of China Medical, a Cayman Islands company that was listed on NASDAQ, including investigations and litigation in Hong Kong and the US over its US$500 million collapse. Litigation has included a number of significant cases in the Court of First Instance and the Court of Appeal in Hong Kong, including leading cases on the winding up of foreign registered companies in Hong Kong ([2018] HKCA 111); liquidators’ document production powers ([2018] 2 HKLRD 1202); and the first Hong Kong decision on the common law recognition of a foreign liquidator ([2014] 4 HKLRD 374).

The Bell Group NV
Represented the Australian liquidator of Bell Group NV, a Netherlands Antilles incorporated company within the Bell Group (an offshoot of Bond Corporation), which collapsed with a deficit of more than AU$1 billion. Harley was primarily involved in the appeal by Bell Group NV in the Western Australia Court of Appeal, increasing the compensation payable to the Group from AU$1.7 billion to AU$2.8 billion.

Carlyle Capital Corporation Limited
Represented liquidators of Carlyle Capital Corporation in claims arising from the collapse of a US$22 billion listed RMBS investment fund, including investigations and litigation in Guernsey and the United States. Harley was primarily involved in the dispute regarding forum of proceedings, which culminated in obtaining an anti-anti-suit injunction in the Guernsey Court of Appeal ([2013] 2 Lloyd’s Report 179).

Moulin Global Eyecare Holdings Limited
Represented the court appointed liquidators of Moulin Global in litigation for breach of directors’ duties and in judicial review proceedings involving the Commissioner of Inland Revenue. Harley was primarily involved in the judicial review proceedings which went to the Court of Final Appeal, and is the leading authority in Hong Kong on the law of corporate attribution ([2014] 17 HKCFAR 218).

Australian Construction Arbitration
Representing the developer in a construction arbitration in Australia claiming damages in excess of AU$20 million.

Career History

  • Master of Law (BCL) with First Class Distinction, University of Oxford (2011)
  • Honours Degree of Bachelor of Laws with First Class Honours, University of Adelaide (2008)
  • Graduate Diploma in Legal Practice, Law Society of South Australia (2008)
  • Bachelor of Economics, University of Adelaide (2006)

Admissions

  • Higher Rights of Audience in the High Court of Hong Kong (Solicitor Advocate) (2020)
  • High Court of Hong Kong (2016)
  • High Court of Australia and the Federal Court of Australia (2012)
  • Supreme Court of South Australia (2009)