Experience
Tao Soh Ngun (also known as Lo To Li Kwan) v. HSBC International Trustee Limited, [2019] HKCFI 1268 (led by Mr Paul Girolami QC and Mr Eugene Fung SC, with Mr Wilson Leung and Ms Janet Ho) – 33-day trial, represented the defendant trustee in dismissing breach of trust claims concerning the Lo Family TrustShalini Naresh Kumar Basant v. Sovereign Fiduciaries (Hong Kong) Limited, [2023] 1 HKLRD 512 – represented professional trustee in trust disputeAdvised and acted in numerous trust matters for both trustees and beneficiaries, including administration and distribution of trust assets, Order 85 directions, Beddoe applications and claims for breach of fiduciary duties The Secretary for Justice v. Wong Wai Tak and Jong Yat Kit, Joint and Several Administrators of the Estate of Kung, Nina, Chinachem Charitable Foundation Limited & Anor., HCMP 853/2012 (led by Mr Jonathan Chang SC) – represented the Chinachem Charitable Foundation in application to be trustee of charitable trust Injunction / Contempt
Frequently acts in applications for urgent Mareva and proprietary injunctions, post-judgment Mareva relief, Chabra injunctions, section 21M interim relief in aid of foreign proceedings, banker’s books / disclosure orders, in particular involving civil (such as cryptocurrency and email) fraud or asset recoverySecurities and Futures Commission v. Isidor Subotic & Ors., HCA 1277/2019 (led by Mr Bernard Man SC) – represented the SFC in obtaining ex parte worldwide and local Mareva-type injunctions under section 213 of the Securities and Futures Ordinance against 16 defendantsCheung Kong Property (Business Development) Limited v. Gold Brilliant Investment Limited & Pan Sutong, [2021] HKCFI 603 (led by Mr Charles Manzoni SC and with Ms Sara Tong) – represented the plaintiff in obtaining interim injunctive relief relating to a deed of first refusal for a major property development in Hong Kong- Times Square Limited v. Lee Kwun Kit trading as “JL Music” & Ors.
- [2019] HKCFI 1641 & [2018] 5 HKLRD 248 (led by Mr Jin Pao SC) – represented the plaintiff in successfully obtaining interlocutory injunctions against persons unlawfully occupying the Times Square open piazza by busking or any other forms of street performance
- [2020] HKCFI 438 – obtained default judgment for permanent injunctions
King Field Shipyard Limited v. Tai Pak Seafood Restaurant Limited & Aberdeen Restaurant Enterprises Limited, [2024] HKCFI 898 (led by Ms Eva Sit SC) – preservation orders over Tai Pak Boats and remains of capsized Jumbo Kitchen BoatUPS Parcel Delivery Service Limited v. Huaqi Import & Export Co., Limited & Ors., HCA 424/2020 – represented the plaintiff and obtained ex parte Mareva and proprietary injunctions and disclosure orders against second layer recipients in email fraudSignature Bank v. China Ever-Success Media Int’l Group Limited & Anor., HCA 545/2021 – represented the plaintiff bank in obtaining proprietary and Mareva injunctions, disclosure orders and garnishee order arising from email fraud Civil Fraud / Asset Recovery
Acted in numerous cases involving civil fraud / asset recovery, including seeking urgent ex parte injunctions, disclosure orders and garnishee orders (see matters cited above) Securities & Regulation Securities and Futures Commission v. Isidor Subotic & Ors. (led by Mr Bernard Man SC), [2024] 1 HKC 539 (CFA); [2023] HKLRD 983 (CA); [2021] 3 HKLRD 777 (CFI) – representing the SFC in section 213 proceedings against false trading and market misconduct involving listed company; leave for service out of jurisdictionSecurities and Futures Commission v. Wen Yibo & Ors., [2022] HKCFI 3025 (Re Sound Global Ltd, led by Mr Jenkin Suen SC) – section 214 proceedings against former chairman and executive director of listed company for disqualification order and buy-out order- Securities and Futures Commission v. Leung Anita Fung Yee Maria & Ors., HCMP 1914/2019 (Re SMI Culture & Travel Group Holdings Limited)
- (led by Mr Bernard Man SC) section 214 proceedings against former management of listed company
- (led by Mr Jin Pao SC) [2024] HKCFI 1210 – Mareva and notification injunctions against former director
Securities and Futures Commission v. Kwok Wing & Ors., [2019] HKCFI 2322 (Re Tack Fat Group International Limited; led by Mr Bernard Man SC) – represented the SFC in obtaining disqualification order against former director of a listed companySecurities and Futures Commission v. Lam Wo Ping & Ors., [2024] 1 HKLRD 1073 (Re Fuguiniao Co., Ltd, led by Mr Jin Pao SC) – obtained disqualification order against former CFO of listed company in section 214 proceedingsAdvised on breach of Code on Share Buy-Backs and disciplinary proceedings regarding off-market buy-backs of shares of listed company (led by Ms Eva Sit SC) - Techtronic Product Development Ltd & Anor. v. Fauteux Denis Gaston (led by Mr Alexander Stock SC)
- obtained interlocutory prohibitory and mandatory injunctions, delivery-up and disclosure orders against former employee for misappropriation of trade secrets and confidential information
- release from implied undertaking against collateral use: [2024] 1 HKLRD 1414; [2024] 2 HKLRD 737
Yang Zhizhong v. Nomura International (Hong Kong) Limited, [2024] HKCFI 2192 (led by Ms Eva Sit SC) – successfully dismissed claim by former employee for banker’s discretionary bonus, unvested bonus awards and wrongful terminationJohnson Electric International Limited & Ors. v. Li Yue & Ors., HCA 68/2023 (led by Victor Dawes SC) – representing plaintiffs against former employees and associated parties for breach of restrictive covenants, breach of confidence, breach of employment contracts, breach of fiduciary duties and unlawful means conspiracy; successfully obtained interlocutory injunctions to enforce restrictive covenantFrequently advises on enforceability and injunctions in respect of restrictive covenants in employment contracts C v. D, [2020] HKFC 145 – application for separate representation in proceedings commenced under the Guardianship and Minors Ordinance (Cap. 13) involving claims for reasonable maintenance and settlement of trust fund (with Mr Deepak Nagpal and Mr Eugene Yim)Acted and advised in divorce / ancillary relief disputes, MPS and LCP applications, custody orders / proceedings brought under the Guardianship and Minors Ordinance (Cap. 13), and the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189)Acted and advised in numerous applications for reasonable financial provisions under the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481), represented both executors and beneficiaries Re Estate of Chiu Keung, [2020] HKCA 591 (with Mr Jonathan Chang) – represented the 2nd defendant in an appeal against a judgment giving O.85 directions for distribution of an estateSecurities and Futures Commission v. Leung Anita Fung Yee Maria & Ors., [2024] HKCFI 1607 – order to carry on and proceed in absence of personal representative of deceased former director of listed companyFrequently advises in probate and succession planning matters; acted for executors and beneficiaries of estates with experience in carry-on applications Fine Talent Finance Limited v. The Estate of Leung Pak Wai, Deceased & Liu Wanwei, [2022] HKCFI 1482 (led by Mr Jonathan Chang SC) – represented plaintiff in a trial involving a mentally incapacitated person under MHO and defence of mental incapacityLee Carol v. Tong Hung Wai Tommy & Ors., HCMP 1851/2018 (led by Mr Abraham Chan SC) – obtained interlocutory injunction regarding care and access of elderly patientAdvised and acted in matters involving mentally incapacitated persons, seeking declarations regarding their well-being and care, applications under the Mental Health Ordinance (Cap. 136) Restitution / Unjust Enrichment
UPS Parcel Delivery Service Limited v. Huaqi Import & Export Co., Limited & Ors., [2022] HKCFI 2910 – represented the plaintiff in a trial against second layer recipients in an email fraud; successfully obtained interim injunctions and judgment in unjust enrichment claim involving bona fide purchaser defenceNew Century Credit Services Company Limited v. Yeung Hung [2020] HKCFI 2651 – 10-day trial, successfully dismissing unjust enrichment claim Biozeal LLC & Anor. v. Nature’s Story Company Limited & Anor., [2021] 5 HKLRD 76 (led by Mr Stewart Wong SC) – claims for passing-off and injunctions restraining activities in Mainland ChinaSBI China Capital Securities Limited & Anor. v. SBI E2-Capital Securities Limited, HCA 1910/2021 – acting for defendant in passing-off claimsActed in a number of employment disputes involving misappropriation of trade secrets, confidential information and IP rights Kung Kwok Wai David, the executor of the last will of Kung Wong Hau Hin, deceased v. The Commissioner of Estate Duty [2021] HKCFI 2111 (led by Ms Yvonne Cheng SC) – represented the Commissioner in a 11-day trial on appeal against determination of estate duty involving land valuations and claims for debt deductionsRepresented appellants in appeals against profits tax assessments under s.66 of the Inland Revenue Ordinance (Cap. 112) (led by Mr Stewart Wong SC)Represented the Revenue in profits tax appeal based on s.61A of the Inland Revenue Ordinance (Cap. 112) (led by Mr Laurence Li SC) Advised on effective date of deletion from rating list and rateable occupation under the Rating Ordinance (Cap. 116) Represented Motor Insurers’ Bureau of Hong Kong in contribution proceedings and Mareva injunctions against vehicle owner in traffic accident Represented veterinary surgeons in successfully dismissing complaints in disciplinary inquiries before the Veterinary Surgeons Board under Cap. 529 and Code of PracticeRepresented property agency respondent before the Estate Agents Authority in inquiry hearing under s.29 of the Estate Agents Ordinance Cap. 511 New Shipping Limited v. Lau Wing Yan [2020] HKCFI 2933 (with Ms Queenie Lau) – specific discovery and interrogatories applications in respect of defamation claimsAdvised and acted in numerous defamation matters, including advising on libel claims relating to press publications in Hong Kong (led by Mr Victor Dawes SC) Acting and advised in numerous construction disputes and arbitrations, building management disputes (including nuisance, water seepage and DMC disputes) Chun Wo Construction & Engineering Co Ltd and Ors. v. The Hong Kong Housing Authority, HCCT 54/2017 (led by Mr Russell Coleman SC): (26 January 2017, 16 July 2018) – application for leave to appeal against arbitration award arising out of 21 construction contracts; [2019] HKCA 369 – applicants’ appeals to the Court of Appeal against arbitration award Property & Conveyancing Kwan Chun Investments Limited v. Sik Tak Kwong, Ko Mei, Sik Chi Hang & Kok Chan Bip Yuan Limited, [2021] HKCFI 714 (led by Mr Jonathan Chang SC and with Mr Wong Cho Lik) – trial concerning deed of licence relating to use of columbarium nichesPong Yiu Chuen v. Nam Tin Chuk Temple Limited, [2021] HKDC 104 (led by Ms Maggie Wong SC) – represented the defendant landowner in an adverse possession trialTsuen Wan Tung Po Tor Monastery Limited v. Feng Dayao and Wu Sujie, Executors of the Estate of Sik Liu Chi & Ors., HCMP 91/2022 – representing plaintiff monastery in proceedings seeking declarations and vesting orders for land held for unincorporated associationTsuen Wan Tung Po Tor Monastery Limited v. Wong Eddy Hon-Phu & Ors., DCCJ 3937/2016 – represented plaintiff monastery in claims for trespass and adverse possessionActed and advised in numerous land related disputes, including trespass and adverse possession claims, and O.88 mortgagee proceedings Ming Yang Capital Limited v. China Vered Asset Management (Hong Kong) Ltd & Anor., [2024] HKCFI 1444 (led by Mr Bernard Man SC) – interlocutory injunction and share redemption dispute over investment fundLau Wai Kwong v. Lau Cheung Kam Ling Margaret nee Cheung Kam Ling Margaret, [2023] 4 HKC 189 (led by Mr Victor Dawes SC) – trial for rectification based on common mistake and unilateral mistake of a consent order arising from settlement of ancillary relief proceedings- Acted in numerous landlord-tenant disputes and represented landlords of major shopping malls in Hong Kong
- Wharf Realty Limited v. Abebi Limited trading as “Armani Junior”, AGB Legend Limited trading as “Abebi”, HCA 954 & 955/2020 [2022] HKCFI 2036 (led by Mr Victor Dawes SC) – summary judgment applications for rent in arrears at Ocean Terminal, Harbour City
- IFC Development Limited v. Larry Jewelry Limited, HCA 1133/2020 – obtained summary judgment for rent in arrears and mesne profit for tenancy at IFC mall
- Renaissance City Development Company Limited v. Yo Mama Limited, DCCJ 1298/2020 – striking-out of counterclaim by former tenant at Langham Place
Banking / Finance North Asia Limited v. Jingdong E-Commerce (Trade) Hong Kong Corporation Limited, [2023] HKCFI 1971 – resisted interlocutory injunction restraining presentation or enforcement of standby letter of creditFine Talent Finance Limited v. The Estate of Leung Pak Wai, Deceased & Liu Wanwei [2022] HKCFI 1482 – represented plaintiff in a trial for loan recovery involving mental incapacity, undue influence and non est factum (led by Mr Jonathan Chang SC)Shun On Finance Limited v. Wong Fung Kwan & Anor., [2022] HKDC 1095 – conducted a trial relating to collusion under the Money Lenders Ordinance (Cap. 163), estoppel, beneficial ownership of property, and constructive noticeBank of China (Hong Kong) Limited v. HK Petroleum Group Limited, HCMP 1157/2021 – represented plaintiff bank in obtaining judgment under Order 88 proceedings involving claims for undue influence and non est factumAdvised a syndicate of lenders on a cross-border dispute for substantial debt recovery, winding-up and enforcement proceedings (led by Mr Bernard Man SC) Insolvency Advised on cross-border insolvency matters including Keepwell Deeds, recognition orders and conflict of laws issuesActed in winding-up proceedings, including for petitioners, supporting creditors and companiesBankruptcy
Re Yu Pun Hoi; ex parte CCB International Overseas Limited [2024] 4 HKC 270, [2024] HKCFI 922 (led by Mr Paul Shieh SC) – represented creditor bank in obtaining bankruptcy orderRe Dan Yin Ping; Re Ng On Kwok [2020] HKCFI 621 – successfully obtained bankruptcy orders for petitioning creditor against two debtors Tang Yi v. Caliger Enterprises Limited and Ors. [2024] HKCFI 1485 – re: locus of personal representative of deceased shareholder to convene EGMActed and advised in numerous winding-up and companies related disputes, including unfair prejudice proceedings, shareholders’ disputes, derivative actions, and claims against former management Acting and advised in HKIAC arbitration mattersRepresented respondents in successful jurisdictional challenges in arbitral proceedings (led by Mr Victor Dawes SC)L v. R, [2024] HKCFI 1611 (with Mr Timothy Parker) – setting aside service of proceedings to set aside settlement agreement and procedural order in arbitrationChun Wo Construction & Engineering Co Ltd and Ors. v. The Hong Kong Housing Authority, HCCT 54/2017 (led by Mr Russell Coleman SC): (26 January 2017, 16 July 2018) – application for leave to appeal against arbitration award arising out of 21 construction contracts; [2019] HKCA 369 – applicants’ appeals to the Court of Appeal against arbitration award 
