Commercial

• Target Insurance Company Limited v Ng Yu & Ors:
  • [2023] HKCFI 7; [2023] HKCFI 565 — discharging an ex parte Mareva injunction for US$150 million fraud claim involving the largest motor insurer in Hong Kong (led by Robert Whitehead SC)
  • [2022] HKCFI 1362 — obtaining an interim stay and variation of a disclosure order (led by Robert Pang SC)

• Perpetual Trust Limited (as Administrator of the Estate of Alexander Gavin Brown) v Kobe Investments Limited [2022] HKCFI 2762 — striking-out a proprietary claim of around AUD$250 million by a foreign administrator in respect of the controlling stake in an ASX-listed mining company on the ground of the claim being a nullity (led by Marc Corlett KC)

• Ngan In Leng & Ors v Chu Yuet Wah [2022] HKCFI 558 — resisting a claim of over HK$250 million in a 10-day trial involving a dispute arising from an acquisition of a hotel-cum-casino in Macao (led by Robert Whitehead SC and with Vincent Chen)

• Realord Group Holdings Limited & Anor v Win Dynamic Limited & Anor (HCA 716/2021) — acting for the plaintiffs in enforcing a deed of gift under which an offeree undertook to advance the whole consideration of over HK$250 million under a voluntary general offer to the company (led by Jin Pao SC and with Vincent Chen)

• Li Ngan Kwan v Gao Li Hui & Anor (HCA 276/2007) — acting for the 1^st Defendant in defending a claim to set aside a gift of a controlling interest in a hotel in Shenzhen of a value of over RMB¥300 million on the ground of forgery and breach of fiduciary duties (with Andrew Mak)

• Agostino Gallucci v Marco Toscano & Ors (HCA 199/2017) — acting for a minority shareholder of a BVI company in enforcing a right of pre-emption under a shareholders’ agreement governed by Hong Kong law, which has been triggered by a sale and purchase agreement governed by Italian law

• Mason Group Holdings Limited v Hau Kwok Po & Ors (HCA 1114/2021) — acting for a defendant in striking out a conspiracy claim involving an allegation of an inflated sale of shares in a diagnostics service company for over HK$200 million

• Advised a financial services company on the applicability of various exemptions under the Securities and Futures Ordinance (Cap. 571) to deal in and advise on securities

• Advised a cell-based food company on a dispute with an angel investor arising out of a SAFE (simple agreement for future equity) agreement

• Advising on and/or acting for parties in relation to (i) joint venture, partnership and shareholder disputes, and (ii) investment agreement disputes

Arbitration

• Kamling International Ltd v First Resources (HK) Development Ltd [2023] HKCFI 1713 — resisting an application for stay of proceedings in favour of arbitration in the PRC

• HKIAC Rules, acting for a respondent in resisting the specific performance of an investment agreement and advancing counterclaims with a view to unwinding a merger of various corporate entities

• Advised a PRC media company on the recoverability of damages for over RMB¥170 million arising from a breach of an investment agreement (led by Robert Whitehead SC)

• HKIAC Rules, acted for a PRC beverage company in defending a claim of over US$450 million, which involved various interim proceedings such as applications for injunctive relief, joinder, jurisdictional challenge, etc. (with Vincent Chen)

Winding-up & Bankruptcy

• Dadra Inc. v Chan Choi Har Ivy [2023] HKCA 707 — applying for an interim stay of an imprisonment order pending appeal on the ground that the Court lacks jurisdiction to proceed with an Order 49B examination vis-à-vis a bankrupt

• Wu Ming Fat Simon v Ho Siu Lun Alan [2023] HKCFI 1088 — resisting an application to set aside a statutory demand on the ground that no security has been created over the underlying debt as a matter of law and failure to state the same in the statutory demand does not render it invalid

• Re Ashit Sud (Debtor) [2022] HKCFI 1269, reported at [2022] 2 HKLRD 898; [2022] 4 HKC 575 — resisting a winding-up and bankruptcy petition for a debt of US$30 million on the ground that the creditor has rejected a reasonable offer to compromise and secure

• NWK 對 CCL [2022] HKCFI 3595, reported at [2023] 4 HKC 160 — resisting an application to review a decision to set aside a statutory demand

• Re Aeso Holding Limited (HCCW 218/2017) — acting for a listed company in reviewing the taxation of former provisional liquidators’ bill

• Advising on and/or acting for petitioners and debtors in relation to various winding-up and bankruptcy proceedings, including but not limited to unfair prejudice petitions, setting-aside of statutory demands, review of remuneration of provisional liquidators, etc.

Will, Trusts, Probate & Mental Health

• Lui Ming Lok v Ng Im Fong Loretta, the Executrix of the Estate of Lui Kwan Cheung, Deceased [2023] HKCA 865 — resisting an appeal on whether section 20(2)(c) and (d) of the Matrimonial Causes Ordinance (Cap. 179) provides a comprehensive code for all forms and degrees of mental issues where a marriage might be affected by “unsoundness of mind” (led by Robert Pang SC)

• Ng Im Fong Loretta, the Executrix of the Estate of Lui Kwan Cheung, Deceased v Charm Investments Ltd & Anor [2021] HKCFI 1787, reported at [2021] 3 HKLRD 327 — resisting an application for a stay of various asset-recovery actions pending determination a parallel probate action (led by Robert Pang SC)

• Cheung Siu Ling & Ors v Tse Yuk Lin & Anor [2021] HKDC 1290 — applying for, inter alia, a representation order on the ground that an action to assert a right of way is connected with the proper administration of a deceased’s estate (with Valentine Yim)

• Young Chi Kin Eric v The Personal Representatives of Zhong Xian Wen, Deceased & Anor [2023] HKCFI 1783 — applying for vesting order of BVI shares vested in the estate of a deceased who passed away in Hong Kong intestate

• Re KCC — acting for an interim receiver of an alleged MIP in the mental health proceedings and the related proceedings for recovery of misappropriated assets in the sum of HK$30 million and disclosure against the alleged MIP’s former solicitors (led by Sara Tong SC)

• Re YLC — acting for a committee appointed under the Mental Health Ordinance (Cap. 136) on whether an action/application brought by a committee before the sanction of the mental health court has been obtained is valid

• Advised a beneficiary on the enforceability of a deed of family arrangement

Property & Conveyancing

• Ego Finance Limited v Poon Sau Han Joanna & Anor [2023] HKCFI 868 — representing a co-owner in modifying terms of an order for sale

• Wong Anita Shu Ting v Yuen Yiu Chung [2022] HKCFI 209, reported at [2022] 2 HKC 499 — resisting a vendor and purchaser summons on whether a joint tenancy has been severed by an order of the Family Court without a deed of release (with Valentine Yim) 

• Vivid Limited v Hotel and Guesthouse Accommodation Authority (Appeal Case Nos. (1) 53-1/2022 & (2) 54-2/2022) — appealing against the decision of the Hotel and Guesthouse Accommodation Authority to refuse to renew a license to operate on the ground that the Authority misinterpreted the word “hotel” under section 12 J of the Hotel and Guesthouse Accommodation Ordinance (Cap. 349)

• Lee Tin Yeung v Persons Unlawfully Occupying Or Remaining On Part Or Parts Of Lot No.904, D.D. No.96… [2021] HKCFI 2892 — applying for an injunction for trespass and interference with easement of drainage as an adverse possessor

• To Ying Fat (杜英發) v 陳偉昌 [2022] HKDC 502 — appealing against an order setting aside a default judgment on the ground that a lease has been determined by effluxion of time

• Advising on and/or acting for parties in relation to (i) conveyancing disputes, (ii) claims of adverse possession and various rights of easement (including right of way, drainage easement, etc), (iii) Chinese customary law, in particular the administration of tso/tong affairs, (iv) disputes involving the development of small houses in the New Territories, (v) co-ownership disputes (including applications under the Partition Ordinance (Cap. 352)), (vi) alleged non-compliance of conditions under leases, guesthouse licences, etc., (vii) building management disputes (including water-seepage) and (viii) compulsory sale proceedings

Employment

• Lam Sin-yi Sindy v Leung King-wai William t/a William KW Leung & Co:
  • [2021] HKCA 720 — resisting an application for leave to appeal on the ground that the Court of First Instance has the jurisdiction to draw factual inferences on appeal from statutory tribunals
  • [2020] HKCFI 2525 — reported at [2020] 5 HKLRD 170, appealing against a decision of the Minor Employment Claims Adjudication Board dismissing a claim for unpaid wages on the ground that there were special circumstances when the appellant tendered her resignation

• Advising a statutory body on various employment issues (led by Senior Counsel)

• Advising on and/or acting for parties in relation to issues such as (i) non-competition clause, (ii) termination of employment contracts, (iii) grant of statutory holidays/ rest days, (iv) dismissal and (v) potential discrimination claims etc.

General Civil Disputes

• Thapa Kamala v Tong Ming Kay & Ors [2021] HKCFI 2371 — successfully striking out claims of malicious prosecution and misfeasance in public office on the ground that they are a collateral attack of a ruling of a magistrate (led by Robert Pang SC)

• Hong Kong Golden Development (Holdings) Limited v Chan Ma Choi [2022] HKCFI 2281 — reported at [2022] 6 HKC 257, applying for an amendment of a statement of claim alleged to be wholly inconsistent with previous versions of the pleading and evidence (with Andrew Mak)

• Li Ngan Kwan & Ors v Gao Li Hui & Ors [2021] HKCFI 2878; [2022] HKCFI 171 — resisting an application by the plaintiff to amend a pre-CJR statement of claim on the grounds of inexplicable delay and inconsistency with earlier pleadings; leave to appeal at the Court of First Instance by the plaintiff refused (with Andrew Mak)

• Li Ngan Kwan v Gao Li Hui & Anor [2021] HKCFI 1946 — resisting an application by the plaintiff for trial de novo after a part-heard trial in 2008 (with Andrew Mak)

• Lam Sin-yi Sindy v Leung King-wai William t/a William KW Leung & Co [2020] HKCFI 2525, reported at [2020] 5 HKLRD 170 — appeared for the appellant in successfully appealing against a decision of the Minor Employment Claims Adjudication Board on the ground that there were special circumstances when the appellant tendered her resignation (as sole counsel)

• Demy Engineering Ltd v Sau San Tong Management Ltd [2022] HKDC 31 — resisting the plaintiff’s summons for permanent stay of proceedings on the ground that a compromise has been reached

Judicial Review

• Lau Kwong Man v The Director of Environmental Protection & Anor [2022] HKCFI 1466 — applying for leave for judicial review against the decision of the Secretary for the Environment in exercising its independent judgment in building a tunnel in Tuen Mun (with Valentine Yim)