Lo Yuk Sui v Fubon (Hong Kong) Ltd, formerly known as International Bank of Asia Ltd  HKCA 261 - acted for the appellant Bank with Benjamin Yu SC on case involving the proper construction of a letter agreement in the context of a debt restructuring proposal not having been approved and implemented.Indian Overseas Bank v Seabulk Systems Inc  HKCFI 112 - acted for the Plaintiff bank in a six day trial involving claims of misrepresentation, negligent advice and breaches of various duties owed by a security holder in relation to the handling of security (sole advocate).Indian Overseas Bank v. Vee Pee Global Ltd, HCMP 2114/2011 (6-day trial)– acted for the Plaintiff bank in an action for vacant possession of mortgaged property, involving claims of misrepresentation, undue influence and non est factum (sole advocate). Insolvency Re Leung Cherng Jiunn, HCB 244/2014 21.5.2015 (CFI);  1 HKLRD 850 (CA)– acted for the Respondent in an appeal against a judgment dismissing the creditor’s bankruptcy petition; involved consideration of the applicable test of a bona fide dispute (sole advocate).Mann Kevin Patrick v the Hong Kong and Shanghai Banking Corporation, unreported, CACV 84/2015; CACV 86/2015, 7, 16 October 2015 (sole advocate)Re Dayuan International Development Ltd, HCCW 103/2015, acted for the company in a winding up petition involving shareholders’ disputes (led by Victor Dawes SC). Commercial China Europe International Business School v Chengwei Evergreen Capital LP & others  HKCFI 3513 - a case involving a dispute between parties to a joint venture in which the joint venture vehicle company was successful in seeking a stay of a winding up petition in favour of arbitration, where there is a dispute as to the entitlement of the joint venture vehicle company and those controlling the same to initiate arbitral proceedings.Universe Artiste Management Limited v Kong Yi Ching Elanne (formerly known as Kwong Ling) & anor  HKCFI 443 - sole advocate in a 14 day trial between a singer/actress and her management company over disputes in her management contract;  HKCFI 1125Koo Ming Kon v Rev. Mr. Mok Kong Ting (President of the Baptist Convention of Hong Kong) and others  HKCFI 642 - successfully resisted a strike out application in a case where the alumni of a school sought, inter alia, declarations that the third defendant was not a fit and proper person to serve or continue to serve as the supervisor, principal, manager or teacher of the schools. Advised in family disputes over ownership of residential premises.Advised a property owner in respect of the right of way of a passage in a commercial building (with Ms. Audrey Eu SC).Lee Yuk Tong, Lee Sin Yi Edith v Chan Wai Hing Amy  HKDC 229 dispute in respect of beneficial ownership of property in a family context Si Tou Choi Kam v Wealth Credit Ltd  4 HKC 247;  HKCA 250: acted for the defendant in case concerning the effect of a declaration of existence of trust in favour of the plaintiff (sole advocate)HCMP 3245/2015: Acted for the 2nd Respondent in a trust and probate matter involving an estate worth billions of HK dollars; re an application under O.85 r.2 of the Rules of High Court for directions from the Court regarding the scope of the power conferred on trustees by s.34 of the Trustee Ordinance (Cap.29) (led by Mr Benjamin Yu SC) HCMP 3245/2015: Acted for the 2nd Respondent in a trust and probate matter involving an estate worth billions of HK dollars; re an application under O.85 r.2 of the Rules of High Court for directions from the Court regarding the scope of the power conferred on trustees by s.34 of the Trustee Ordinance (Cap.29) (led by Mr Benjamin Yu SC)
Public Law / Judicial Review
DCCJ 4751/2014; DCCJ 327/2015; DCCJ 1616/2015: acted for the Plaintiffs against the Director of Immigration for damages for unlawful detention; re challenges to the Immigration Department’s policies after the implementation of the Unified Screening Mechanism, and the factors in the Director’s consideration in exercising his discretion to detain the Plaintiffs.Sunevision Holdings Ltd v Hong Kong Science and Technology Parks Corporation  HKCFI 539 (with Ms. Sara Tong)Balraj Singh v Toture Claims Appeal Board, Director of Immigration (Interested Party)  HKCFI 2087 Centa-City Index Company Ltd and Others v. Hong Kong Economic Journal Company and Another, HCA 237/2011, 22 October 2014 (led by Mr Jason Pow SC and Mr Victor Dawes SC)Advised an executive director of a broadcasting company on his defence in respect of a defamation action against him.Advised an artiste on a claim for damages for defamation. Advised a hospital on liability and quantum in a medical negligence/personal injuries action involving a patient who is diagnosed to be in a persistent vegetative state.Advised a practicing barrister in respect of claims against him for professional negligence.
Personal Injury / Medical Negligence
Rendered numerous advices on personal injury/medical negligence cases, involving, inter alia, the liability of a school, a sports union, and three claims involving hospitals Goldon Investment Ltd v. Persons who erected or placed or maintained obstructions or otherwise do any act to cause obstruction, or to prevent or hinder the clearance and removal of the obstructions at the entrances or exits of CITIC Tower, 1 Tim Mei Avenue, Central, Hong Kong (“CITIC Tower”) and/or the vehicular/pedestrian passageway at Tim Mei Avenue and/or Lung Wui Road which block vehicular or pedestrian access to CITIC Tower, HCA 2094/2014 (led by Benjamin Yu SC at the ex parte hearing on 20 Oct 2014; by Benjamin Yu SC and Mr Victor Dawes SC at the inter partes hearing on 24 Oct 2014; by Benjamin Yu SC and Mr Bernard Man on 27 Oct 2014); re blockages to CITIC Tower as a result of the “Occupy Central” movement.Appeared for the Applicant in an urgent injunction where the Applicant successfully obtained injunction against the respondent from disseminating materials of an intimate nature.Advised the owner of a commercial building in a dispute regarding the signage located on the roof of two commercial buildings (with Mr. Russell Coleman SC). Acted as legal counsel for the prosecutor in a disciplinary case involving a customs and excise officer
Commission of Inquiry / Inquest
Commission of Inquiry into the collision of vessels near Lamma Island (2013) (as pupil to Mr. Roger Beresford, for the Commissioner) Technology, Media and Telecommunications Sunevision Holdings Ltd v Hong Kong Science and Technology Parks Corporation and Global Switch Hong Kong Ltd  HKCFI 1253;  HKCFI 1752. Acted for the applicant in interlocutory proceedings in relation to a judicial review of the decision of the Corporation not to take steps to rectify the alleged failure of the Corporation to enforce lease restrictions in data centres within the Tseung Kwan O Industrial Estate (led by Mr Benjamin Yu SC and Ms Sara Tong).Advised on liability in relation to content generated by artificial intelligence.Centa-City Index Company Ltd and Others v. Hong Kong Economic Journal Company and Another, HCA 237/2011, 22 October 2014 (led by Mr Jason Pow SC and Mr Victor Dawes SC)