Commercial & General Civil

High Court

• Target Insurance Company Limited v Ng Yu & Ors:
  • [2023] HKCFI 7; [2023] HKCFI 565 — discharge of 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 — interim stay and variation of a disclosure order (led by Robert Pang SC)

• Supreme China Securities Limited v Ng Wing Yip & Ors [2024] HKCFI 1196: defence of claim enforcing a guarantee given by an account executive of a securities firm in respect of the losses suffered by the firm (sole advocate)

• Chan Fun Kwong v Choi Chak Man & Ors [2024] HKCFI 722 — defence of a claim involving a purported loan of HK$60 million the principal which was never advanced (led by Robert Whitehead SC)

• Mason Group Holdings Limited v Tam Wing On [2023] HKCFI 3305, reported at [2024] 1 HKLRD 601 — striking-out of a claim of unlawful conspiracy involving the purported inflation of the consideration of HK$84 million for acquisition of Bio-Gene Group (sole advocate)

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

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

• Thapa Kamala v Tong Ming Kay & Ors [2021] HKCFI 2371 — striking out of 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)

• Realord Group Holdings Limited & Anor v Win Dynamic Limited & Anor (HCA 716/2021) — enforcement of 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 subject company (led by Jin Pao SC and with Vincent Chen)

• Li Ngan Kwan v Gao Li Hui & Anor (HCA 276/2007) — setting aside of a gift of a controlling interest in a hotel in Shenzhen of a value of over RMB¥300 million involving forgery and breach of fiduciary duties (with Andrew Mak)

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

District Court

• Wai Chun Holdings Group Ltd v Yip Kam Kuen [2023] HKDC 1241 — whether exceptional circumstances are required to admit further evidence on appeal after such application was rejected before a Master (sole advocate)

• 深圳佳鋭食品有限公司 v Wing Tech Ltd [2023] HKDC 1036 — 5-day trial arising from the breakdown of a cooperation agreement (sole advocate)

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

Bankruptcy & Insolvency

• Dadra Inc. v Chan [2023] HKCA 707; [2024] HKCA 773— appeal against an imprisonment order made under Ord.49B of the Rules of the High Court on the ground that the Court lacks jurisdiction to proceed with an examination and impose such an order against a bankrupt and interim stay application (sole advocate)

• Re China Zenith Chemical Group Ltd [2024] HKCFI 2097: application for substitution as supporting creditor, application for discharge of undertaking by the company, with the court finding no bona fide dispute as to the debt and ordering the company to pay the same failing which the company will be wound up (with Vincent Chen)

• Acropolis Ltd v W&Q Investment Ltd & Ors [2024] HKCFI 482 reported at [2024] 3 HKC 249 (application for trial of preliminary issues); [2024] HKCFI 1065, reported at [2024] 2 HKLRD 912 (trial of preliminary issues); [2024] HKCFI 1645 (costs) — review of taxation of former provisional liquidators’ bill and trial of preliminary issues (sole advocate)

• WMFS v HSLA [2023] HKCFI 1088 — setting-aside of a statutory demand on the ground that no security has been created over the underlying debt and failure to state the same in the statutory demand does not render it invalid (sole advocate)

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

• NKW 對 CCL [2022] HKCFI 3595, reported at [2023] 4 HKC 160 — review of a decision to set aside a statutory demand (sole advocate)

• Advising on and/or acting for creditors 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 & Family

High Court

• Re Estate of Chan Fook Lai (Deceased) [2023] HKCA 1177, reported at [2024] 1 HKLRD 29 — appeal against entering of summary judgment to pronounce a will on the ground that allegation of mental incapacity is not fit for summary disposal (sole advocate)

• Lui Ming Lok v Ng Im Fong Loretta, the Executrix of the Estate of Lui Kwan Cheung, Deceased [2023] HKCA 865, reported at [2023] 4 HKLRD 37; [2023] 5 HKC 588 — resisted 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)

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

• 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 — stay of various asset-recovery actions pending determination a parallel probate action (led by Robert Pang SC)

• Re KCC — acting for an interim receiver and later committee 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, disclosure against the alleged MIP’s former solicitors and contempt proceedings (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 (sole advocate)

District Court

• CVL v WMLS [2024] HKFC 85: appeal against Master’s decision in respect of an application for a stay of filing of Form E pending the determination of main suit (sole advocate)

• Cheung Siu Ling & Ors v Tse Yuk Lin & Anor [2021] HKDC 1290 — 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)

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 (sole advocate)
  • [2020] HKCFI 2525, reported at [2020] 5 HKLRD 170 — appeal 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 (sole advocate)

• Yang Zhizhong v Nomura International (Hong Kong) Limited (HCA 622/2018) — acting for a former Head of China of an investment bank in respect of an employment claim against his former employer for loss of, inter alia, bonus awards (led by Robert Whitehead SC)

• Advising a statutory body on various employment issues (led by Sara Tong SC)

Property & Conveyancing

High Court

• Ho Yat Wah v Chung Hang Him, The Sole Executor Named in the Will of Madam Chan Yuk Mui, Deceased [2024] HKCA 378: appeal against judgment in respect of a claim of common intention constructive trust over 7 properties on the ground that trial judge committed a Mibanga error by failing to properly consider all relevant evidence before drawing conclusions (led by Jonathan Chang SC and with Vincent Chen)

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

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

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

District Court

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

Civil Procedure

High Court

• Thapa Kamala v Tong Ming Kay & Ors [2023] HKCA 1016 — resisted an application by the plaintiff to amend on appeal against a decision to strike out the statement of claim (sole advocate)

• Au Din Har Ellen v Au Yee Wan & Ors [2024] HKCFI 199, reported at [2024] 1 HKLRD 825; [2024] 3 HKC 9 — applicability of the doctrine of estoppel to the discontinuance of action

• 田勤先 對 田珍妮 [2023] HKCFI 2975 — appeal against Master’s case management decision (sole advocate)

• KMH, KMKT and KMCJ, The Committee of the Estate of KCC v Lam Ho Chi [2023] HKCFI 2714 — contempt proceedings against defendant for failure to comply with disclosure orders ancillary to injunctive reliefs (sole advocate)

• Hong Kong Golden Development (Holdings) Limited v Chan Ma Choi [2022] HKCFI 2281, reported at [2022] 6 HKC 257 — 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; [2023] HKCA 781; [2024] HKCA 298 — amendment a pre-CJR statement of claim on the grounds of inexplicable delay and inconsistency with earlier pleadings (with Andrew Mak)

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

District Court

• Wong, Aileen v Diasqua International Limited [2023] HKDC 1661, reported at [2024] 2 HKC 611 — variation of expert directions and stay of unless order (sole advocate)

• Demy Engineering Ltd v Sau San Tong Management Ltd [2022] HKDC 31 — permanent stay of proceedings on the ground that a compromise has been reached (sole advocate)

Arbitration

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

• HKIAC Rules, resisting a claim for the specific performance of an investment agreement and advancing counterclaims with a view to unwinding a merger of various corporate entities (sole advocate)

• 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)

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

Judicial Review and Administrative Law

• Lau Kwong Man v The Director of Environmental Protection & Anor [2022] HKCFI 1466 — 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)

• Vivid Limited v Hotel and Guesthouse Accommodation Authority (Appeal Case Nos. (1) 53-1/2022 & (2) 54-2/2022) — appeal before the Appeal Board (Hotel and Guesthouse Accommodation) regarding refusal to renew a license and construction of the word “hotel” under section 12 J of the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) (sole advocate)

• Re 3^rd Floor, No. 53 Ma Tau Chung Road, Kowloon (Appeal Case No. 2023-001) — appeal before the Home Purchase Allowance Appeals Committee against the Lands Department’s refusal to grant full allowance to two former registered owners regarding owner-occupier status (sole advocate)

• Nam Lun International Trading Co Ltd v Director of Marine (AAB No. 18/2023) — appeal before the Administrative Appeal Board against the Director of Marine’s decision not to grant various permits at a public cargo working area (sole advocate)