陈文轩大律师
陈文轩大律师
2020 年获认可为香港执业大律师
学历
- 香港大学法学专业证书（优异）
- 哈佛大学法学硕士
- 牛津大学民法学硕士（优异）
- 牛津大学法律文学士（一级荣誉）
联络方法
| 电邮: | kchan@templechambers.com |
|---|---|
| 电话: | (+852) 2523 2003 |
秘书
| 姓名: | Rani Daryanani |
|---|---|
| 电邮: | rani@templechambers.com |
| 电话: | (+852) 2248 1804 |
引述
New book launched: The 2025 edition of Securities and Futures Ordinance: Commentary and Annotations
天博动向 • 10 February 2025
New book launched: The 2025 edition of Securities and Futures Ordinance: Commentary and Annotations
天博动向 • 10 February 2025
New book launched: The 2025 edition of Securities and Futures Ordinance: Commentary and Annotations
天博动向 • 10 February 2025
‘Fight Back to School’ : Fraud Claims in Pui Ching Schools Litigation Dismissed with Indemnity Costs
最新判案书 • 24 October 2024
Court of Appeal Considers Whether a Company Can Sue for Harassment
最新判案书 • 27 August 2024
语言
流利广东话、普通话及英语执业范畴
出版刊物
奖学金 / 奖项
专业经验
陈文轩于2020年获得香港大律师执业资格，先后跟随文本立资深大律师、李律仁资深大律师、李颂然资深大律师及郑欣琪大律师实习，并于同年加入天博大律师事务所。陈大律师主要从事民事及商业诉讼，执业范畴涉及公司纠纷、商业合同纠纷、衡平法及信托纠纷等。
在成为大律师前，陈大律师于2016年在英国牛津大学获得一级荣誉法律文学士，以法律系全级排名第一的成绩毕业。陈大律师更于2017年以全级排名第二、全科优异的成绩获得牛津大学民法学硕士，其后再到美国哈佛大学深造，获得法学硕士。
经验
商业纠纷
Trial of shareholder disputes between former business partners arising from splitting of their joint shipping businesses (led by Victor Joffe SC and Mike Lui SC)
Dispute regarding alleged non-payment on bond, application to adduce new evidence on appeal (sole counsel)
- CMBICDHAW Investments Ltd v Li Lei (HCA 905/2020)
Dispute over investment in PRC food production company, claims of fraudulent misrepresentation and conspiracy - [2023] 6 HKC 605 (led by Benjamin Yu SC and Sara Tong SC)
- [2023] 2 HKLRD 939 (led by Sara Tong SC)
银行 / 金融
Trial of claims in vicarious liability for fraud, breach of Quincecare duty, breach of contract, breach of fiduciary duty (led by Laurence Li SC)
Derivative action in respect of US$14.5m subscription of bonds against issuer, guarantor and trustee (led by Bernard Man SC)
Claims by liquidators against UBS AG in dishonest assistance, knowing receipt and fraudulent trading arising from fraudulent IPO of China Metal (led by Queenie Lau SC)
禁制令 / 藐视法庭
Appeal to CFA on standing of private litigant to bring criminal contempt proceedings (led by Benjamin Yu SC, with Bonnie Cheng)
Discharge of s.21M injunction against former Prime Minister of Mongolia (sole counsel)
S.21M injunction and ancillary disclosure applications arising from trust dispute amongst members of high net worth Mainland Chinese family (led by Bernard Man SC)
民事欺诈 / 资产追回
Investment fraud involving alleged investment in shares of StockX LLC through Cayman funds, summary judgment application (led by Benjamin Yu SC, with Danny Tang and Jonathan Fung)
Recovery of monies taken from joint account, presumption of resulting trust, proprietary estoppel (sole counsel)
Disputes over subscription to Ant Group IPO shares, interim injunction and ancillary applications (led by Rimsky Yuen SC and José Maurellet SC, with James Man)
公司法
Unfair prejudice petitions, buy-out agreement, deduction of notional sale expenses in asset-based valuation approach (led by Bernard Man SC, with Danny Tang)
Application for inspection of register of members, alleged improper purposes (sole counsel)
Leave for statutory derivative action, alleged breach of directors’ duties, failure to comply with listing resumption conditions (led by Richard Khaw SC, with Bonnie Cheng)
破产清盘
Appeal from winding up order, issue of whether default interest is taken into account under s.24 Money Lenders Ordinance (led by Law Man-Chung SC)
Appeal from winding up order, dispute over locus to petition under PRC law arising out of assignment of debt (led by Laurence Li SC)
- Re Chu Jiaru (HCB 8394/2020)
Annulment and related applications in bankruptcy proceedings against CEO of Fortune Fountain Group arising from €76 million syndicated loan for the acquisition of Baccarat SA by FFG - [2024] HKCA 756 (with Danny Tang)
- [2023] HKCFI 721 (led by Charles Manzoni SC, with Danny Tang)
- [2023] HKCFI 1177 (led by Bernard Man SC, with Danny Tang)
雇佣
O.14A and strike out application, whether corporate plaintiff can bring representative claim in tort of harassment (led by Queenie Lau SC)
Employment dispute with flight attendant concerning validity of release agreement (sole counsel)
Trial of claims by union pilots for command bypass pay, alleged missed pay steps, promotion delay and breach of seniority order (led by Bernard Man SC, with Theresa Chow)
财产及物业转移
Trial over alleged easement or public right of way over private road in residential development to unlicensed columbarium (led by Law Man-Chung SC)
- Vember Lord Ltd v Swatch Group (Hong Kong) Ltd (HCA 1113, 1114/2020)
Landlord and tenant dispute, rent abatement, frustration of lease by social unrest and COVID-19, O.14 application and assessment of damages - [2023] HKCFI 1779 (sole counsel)
- [2023] HKCA 371; [2023] HKCA 471; [2022] 2 HKC 349 (CFI) (led by Bernard Man SC)
- AFH Hong Kong Stores Ltd v Fulton Corporation Ltd (HCA 2103/2017)
Landlord and tenant dispute, disputes over reinstatement obligation with respect to major retail store in Central, O.14A application - [2022] HKCA 1243; [2023] HKCA 78 (led by Johnny Mok SC, with Bonnie Cheng)
- [2021] HKCFI 873 (led by Victor Dawes SC, with Bonnie Cheng)
遗产 / 继承
Dispute over construction of will and rule against perpetuities (led by Eugene Fung SC)
Trial on validity of deed of family arrangement, appointment of independent administrator, no case to answer submission (led by Deepak Nagpal KC)
Dispute over validity of will, testamentary capacity, lack of knowledge and approval (sole counsel)
衡平法 / 信托
Dispute between siblings regarding beneficial ownership of company shares, application under s.52 Trustee Ordinance (sole counsel)
Taking of account, award of compound interest in equity (led by Eugene Fung SC)
Claim of breach of confidence arising out of alleged misappropriation of documents and chattels from family office (led by Maggie Wong SC, with Bonnie Cheng)
仲裁
Appeal in respect of setting aside of arbitral award granting negative declaration on jurisdictional grounds, on the basis that there was no “dispute” (led by Benjamin Yu SC and Sara Tong SC)
Application to set aside arbitral award as being based on champertous arrangement and contrary to public policy, application for appointment of receivers by way of equitable execution (led by Law Man-Chung SC)
Stay of proceedings in favour of arbitration, jurisdiction/admissibility distinction (sole counsel)
证券法及监管
Application for review of SFC disciplinary decision, jurisdictional challenge, allegations of conflict of interest and breach of SFC Code of Conduct (led by Paul Shieh SC and José Maurellet SC, with James Man and Cedric Yeung)
Appointment of administrators under s.213(2)(d) Securities and Futures Ordinance (led by Sara Tong SC)
- Re Coolpad Group Ltd
- Disciplinary proceedings in the Listing Committee and Listing Review Committee of the Hong Kong Stock Exchange against directors of Coolpad (led by Rimsky Yuen SC)
- Re Coolpad Group Ltd (HCMP 1074/2021): proceedings under s.214 Securities and Futures Ordinance (Cap. 571) (led by Rimsky Yuen SC)
专业责任
Strike out application in respect of professional negligence claim against solicitors and leading and junior counsel, on grounds of limitation and no reasonable cause of action (with Bonnie Cheng)
其他
Trial of claims in fraudulent misrepresentation and non-disclosure by donor and alumnus of Pui Ching schools, arising from alleged wrongful use of “Pui Ching” name by school sponsoring body (with Theresa Chow)
Trial of claims in passing off and unlawful means conspiracy by donor and alumnus of Pui Ching schools (with Theresa Chow, settled on Day 5 of 15)
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