ProfileVictor Joffe KC (England and Wales) practised for many years at the highly respected London chambers Serle Court before commencing full time practice at the Hong Kong Bar in 2011. Since then he has appeared regularly in the Hong Kong Courts at both first instance and appellate level. His practice encompasses all aspects of company law (including corporate insolvency), commercial law, and trusts (particularly international trusts), and he has extensive experience in injunctions and other interlocutory applications. Victor has likewise appeared frequently at both first instance and appellate level in England, the BVI, Anguilla, Grand Cayman and Gibraltar. He is also well known for his leading publication Minority Shareholders: Law, Practice and Procedure (6th edition, 2018, OUP).
Company Power Securities Company Limited v Sin Kwok Lam And Others  HKCA 594: scope of reflective loss rule in Hong Kong.Liu Tieh Ching Brandon V Liu Ju Ching And Others  2 HKLRD 790: whether winding up prayer should be struck out from unfair prejudice petition.Dennis Kwok Hon Ming v Poon Sui Cheong Albert (2022) 25 HKCFAR 1: whether majority shareholders in unfair prejudice proceedings could subsequently rely in their defence on petitioner’s misconduct of which they were unaware at the relevant time. Insolvency Re Shandong Chenming Paper Holdings Ltd  HKCFI 2065: whether winding up petition should be stayed in case of cross-claim (as opposed to defence to petition debt) and whether Lasmos/Guy Lam applied to cross-claims.Re ZPMC-Red Box Energy Services Ltd  HKCFI 3256: whether bona fide disputed debt or cross claim, whether petition abuse of process.Shandong Chenming Paper Holdings Ltd v Arjowiggins HKK 2 (2022) 25 HKCFAR 98: whether, in the case of an unregistered company, the prospect of being wound up is sufficient to satisfy the second core requirement for jurisdiction (as explained in Re Yung Kee Holdings Ltd (2015) 18 HKCFAR 501). Injunction / Contempt ZPMC Offshore Service Co Ltd v Philip Jeffrey Adkins  4 HKLRD 559: contempt proceedings struck out consequent on striking out of main proceedings.Chen Hongqing v China Shanshui Investment Co Ltd  HKCFI 699: injunction to restrain directors from proceeding with disputed allotment of shares.Pacific Bulk Supramax Co Ltd v Bintan Mining Corp  HKCFI 680: worldwide Mareva injunction against company with overseas mining interests. Commercial Global Gaming Philippines LLC v Deutsche Bank AG  HKCFI 405: whether third party discovery order could be made against person ordinarily resident overseas.Li Shiu To v Cheung Pik Ng  1 HKLRD 934: whether contribution payable under Civil Liability (Contribution) Ordinance, Cap 377in the case of accessory liability in dishonest assistance case.Days Impex Ltd (In Liquidation) v Fung, Yu & Co (A Firm) (HCA1035/2014, 24 October 2017): refusal to strike out auditors’ negligence claim by company in liquidation where directors’ fraud not attributable to company.
Civil Fraud / Asset Recovery
XY LLC v Jesse Zhu (CACV 11/2016, 5 December 2016): continuation of Mareva injunction against third party (Chabra jurisdiction).Classroom Investments Inc v HK Wanshitaiping Investment and Management Ltd (HCMP 577/2016, 16 June 2016): in case of alleged fraud, continuation of Mareva injunction over deposit maintained with bank representing proceeds of P’s property.Armstrong DLW GmbH v Winnington Networks Ltd  Ch 156: unjust enrichment, fraud and knowing receipt in relation to incorporeal property. Equity / Trust HQM (as Trustee of the WHP Trust) v THB and Others BVIHC (COM) 0112 of 2023: representing claimant in large-scale complex Beddoe application.Yang Hsueh Chi Serena v Equity Trustee Ltd BVIHC (COM) 0059 of 2016: striking out by BVI court of action against trustee as an abuse of process.Fok Chun Yue Benjamin v Fok Chun Wan Ian  2 HKLRD 212: whether proceedings should be stayed pending determination of issues arising from family settlement agreement. (Costs determination: CACV 17/2014, 20 January 2016).