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Bio

Ben McCosker is a commercial disputes and restructuring specialist. He is a Partner in the Dispute Resolution department of Appleby’s Shanghai office and his skillset straddles both the contentious and non-contentious aspects of distressed corporate situations.

A trusted advisor to financial institutions, creditors and shareholders, Ben is known for identifying pragmatic solutions to unlock stakeholder value and, where required, to achieve favourable exits from distressed situations. Ben also advises companies which may be facing adverse creditor action, working with them to help strategically navigate a path through any tricky or layered pre-insolvency circumstances.

Ben has been recognised and recommended by all of the major legal directories. According to The Legal 500 2023, his clients have described him as “extremely responsive and commercial”, and “very good technically”. Clients have also recommended Ben as being “sensible, fair, commercial and across the detail” (IFLR1000 2023).

Ben is admitted in Hong Kong, Bermuda and Australia and has worked across the spectrum of both onshore and offshore special situations. With corporate restructurings invariably involving elements of both offshore and onshore law, Ben’s background (including as lead advocate in court-supervised restructuring matters) distinguishes him from other advisers within the market, benefitting his clients and helping them find their way through complex interjurisdictional problems.

Prior to joining Appleby, Ben worked at Mayer Brown and prior to that at another offshore firm in their Hong Kong and Bermuda offices.

Work Highlights

Some of Ben’s major cases* include:

  • Advised the co-founder of a private bank incorporated in the Cayman Islands and operating in the DIFC, in relation to a major shareholder dispute.
  • Acted for Athene Holding Ltd (now fully merged with Apollo Asset Management) in heavily contested litigation against former executive directors.
  • Acted as Bermuda law expert witness in Brazilian proceedings concerning a Bermuda company listed on the NYSE.
  • Acted in connection with the restructuring of various HKEx-listed entities, including Hsin Chong Group Company Limited, FDG Electric Vehicles Limited, North Mining Shares Company Limited, Up Energy Development Group Limited and Trinity Limited.
  • Acted for Yingde Gases Group Company Limited in relation to all aspects of the Cayman company’s privatisation and de-listing following the extension of an acquisition offer by PAG.
  • Acted for a stakeholder of M1NT Global in a heavily-contested BVI unfair prejudice matter.
  • Acted for PwC in relation to the successful Cayman Islands restructuring of Mongolian Mining Corporation’s USD900 million notes.
  • Acted for a Bermuda investment manager in interpleader proceedings concerning USD25 million of misappropriated funds intended for use as seed capital for a Bahamian private bank.
  • Advised an ad hoc group of noteholders in relation to the restructuring of USD7 billion debt issued by Digicel Group Holdings Limited, a telecommunications company incorporated in Bermuda.
  • Advised an ad hoc group of noteholders in connection with the restructuring of HKD2 billion offshore notes issued by China Energy Reserve and Chemicals Group Capital Limited.
  • Advised a major Singaporean multinational bank in its capacity as facility agent in connection with the enforcement of a USD1.5 billion syndicated loan facility secured by property located in Hong Kong.
  • Advised subsidiaries of Noble Group Limited in connection with parallel English and Bermuda schemes of arrangement, as well as in connection with the group’s 2021 deleveraging and reorganisation.
  • Advised a major HKEX-listed alternative investment company in the successful restructuring of over USD100 million of private debt by way of an offshore stock swap.
  • Advised a leading global financial institution in relation to its role as trustee in the restructuring of China Evergrande Group.

*Includes transactions completed by the lawyer prior to joining Appleby

Recognition

Ben has been recognised by The Legal 500 as a ‘Recommended Lawyer’ since 2018 and as a ‘Rising Star’ in 2021. He has also been acknowledged by Chambers and Partners and by IFLR for his outstanding legal expertise.

Benjamin McCosker is extremely responsive and commercial, and eager to get involved and to understand our business. Very good technically“.

Sensible, fair, commercial and across the detail“.

Benjamin McCosker really carried the matter, in being very available and clear in his communications”.

Benjamin takes the lead in service delivery…Throughout the project Benjamin was available at short notice to take calls to answer urgent queries regardless of the time difference. This was important for us in being able to deliver on our requirements”.

Coverage & Insights

Ben regularly authors articles on the topic of corporate restructuring, particularly focused on listed companies undergoing both management-led and creditor-driven processes. His works have been featured in journals including INSOL World, International Corporate Rescue and Global Turnaround.

Qualifications & Education

Ben was first admitted as a Solicitor of the Supreme Court of New South Wales (Australia) in 2013. He was later admitted as a barrister and attorney of the Supreme Court of Bermuda in 2018 and as a Solicitor of the High Court of the Hong Kong SAR in 2022.

  • University of Queensland (BA and LLB) – Dean’s commendation recipient
  • College of Law, Sydney

Related People

David Bulley

Managing Partner, Head of Restructuring and Corporate: Hong Kong, Shanghai

T +852 6201 3662
E Email David

Eliot Simpson

Partner: Hong Kong

T +852 2905 5765
E Email Eliot

Crystal Au-Yeung

Counsel: Hong Kong

T +852 2905 5767
E Email Crystal

Damon Booth

Counsel: Hong Kong

T +852 2905 5781
E Email Damon

George Mallis

Associate: Hong Kong

T +852 2905 5724
E Email George

Ray Leung

Associate: Hong Kong

T +852 2905 5718
E Email Ray

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