专业经验
Thomas joined Chambers in 2016 after completing his pupillage with Mr Robert Pang SC, Mr Victor Dawes SC, Mr Bernard Man SC, Mr Edwin Choy SC and Mr Jonathan Winston Ah-Weng. From 2014 to 2015 he was a Judicial Assistant to the Court of Final Appeal and Court of Appeal. He has served as a Judicial Associate to the Court of Appeal since 2020.
Thomas has a broad civil practice. He acts and advises in a wide range of commercial disputes, company matters, defamation claims, winding up and bankruptcy petitions, probate and property cases, and employment disputes. He has experience in urgent matters including obtaining and resisting interlocutory injunctive relief and appointment of provisional liquidators. He is ranked as a rising star in Legal 500.
Thomas has appeared at all levels from the District Court to the Court of Final Appeal. He has been instructed to conduct civil trials (both as an advocate in his own right and as a junior counsel) in English and Chinese. He has advised on and appeared in arbitrations (including an arbitration conducted in Mandarin) under the UNCITRAL Arbitration Rules and the HKIAC Administered Arbitration Rules.
经验
商业纠纷
T&T Global Trading Ltd v BOE (HK) Group Ltd [2021] HKCFI 3618 – sale of goods dispute; claim against seller based on non-delivery of goods; whether seller not obliged to make delivery by reason of buyer's failure to top-up deposit; whether buyer’s claim compromised by settlement agreement (as sole advocate)Haitong International Securities Company Ltd v Silver Star Enterprises Holdings Inc & Another (HCA 1097/2021) – breach of margin loan agreement against borrower and guarantor for over HK$174 million (as sole advocate)Cable, Bradley Paul v ePaylinks Technology Co., Ltd & Others (HCA 937/2021) – monies paid as a result of fraudulent misrepresentations; acting for first-layer recipient to defend claims in unjust enrichment, constructive trust and unlawful means conspiracy (as sole advocate) Tang Sum Moon v Fung Chui Lin [2021] HKCFI 1734 – claims in deceit and unlawful means conspiracy; striking out indorsement of claim pursuant to Order 6 rule 2 and Order 18 rule 15(2) (as sole advocate)Speedy Finance Ltd v Zhang Xiaoping [2021] HKCFI 3822 – breach of loan agreement; economic duress; misrepresentation; breach of Money Lenders Ordinance; stay of execution of interim payment order (as sole advocate)China Jianxin Credit Services Ltd v IR Resources Ltd [2021] HKCFI 575 – breach of loan agreement; collateral contract; entire agreement clause; breach of Money Lenders Ordinance (led by Eva Sit SC)Hanson Finance Ltd v Lai Leong [2021] HKCFI 409 – breach of loan agreement; promissory estoppel (as sole advocate)REC Engineering Company Ltd v Top Express Construction Engineering Ltd (DCCJ 1314/2021) – dishonoured cheques (as sole advocate)Emerald Jade Ltd v Emerald Foods Group (HK) Ltd (HCA 2108/2020, HCA 100/2021 & HCMP 2306/2020) – breach of facility agreement and investors deed (as sole advocate) Yu Man Fung Alice v Chiau Sing Chi Stephen [2020] HKCFI 2923; [2019] HKCFI 1549 – breach of verbal profit-sharing agreement; striking out without prejudice communications (led by Rimsky Yuen SC and Victor Dawes SC) Lei Shing Hong Trading Ltd v Wong Kwing Keung (HCA 1901/2019) – breach of guarantee; estoppel by convention (led by Eva Sit SC)Wee Li Choo Julie v Saxo Capital Markets HK Ltd (HCA 1069/2020) – claim by investor against investment broker (as sole advocate)Convoy Global Holdings Ltd & Others v Cho Kai Chee Roy (HCA 2922/2017) – breach of duties and conspiracy claims against directors of listed company (led by Paul Shieh SC)International Medical Centre (Hong Kong) Ltd v Trinity Clinicone Ltd (HCA 87/2019) – claim for breach of contract against IT-system provider; misrepresentation (as sole advocate)Kwok Wai Fung v China Gas Holdings Ltd (HCA 1964 & 1965/2014) – claim for breach of contract arising from grant of share options; estoppel by representation; estoppel by convention; rectification for unilateral mistake (led by Bernard Man SC)Kasem Narongdej v Golden Music Ltd & Others [2019] HKCFI 1813 – dispute on costs upon discontinuation of action (led by Linda Chan SC)Power Securities Co Ltd v Sin Kwok Lam & Others [2019] HKCFI 2920 – strike out application; res judicata; abuse of process (led by Linda Chan SC)Ng Kin Nam v Mak Shiu Tong (HCA 2888/2018) – breach of oral contract for sale and purchase of listed shares (led by Victor Dawes SC) 公司法 Chiu Wing Keung Mikey v Interasia Corporation Ltd & Others (HCMP 2114/2021) – acting for minority shareholder in unfair prejudice petition; misappropriation of assets; manipulation of accounts; exclusion from management (as sole advocate)Chen Chiu-Man v King Machinery (Taiwan) Co., Ltd & Others (HCMP 2214/2020) – acting for majority shareholder in unfair prejudice petition; dilution of shares; breach of common understanding and directorial duties (as sole advocate)Fung Chui Lin v Rich Will Holdings Ltd & Another (HCCW 309/2021) – acting for 50% shareholder to oppose just and equitable winding up; siphoning of cash; mismanagement of company; deadlock (as sole advocate) Tang Siu Chung v The Hong Kong Society for the Deaf & Others (HCMP 1223/2021) – validity of shareholders’ resolution; regularity of AGM; insufficient notice; breach of bye-law (as sole advocate)Poon Ka Man Jason v Cheng Wai Tao & Others [2019] HKCFI 1141 – common law derivative action; whether defendant-company can accept sanctioned payment under RHC Order 22 (led by Linda Chan SC)Re China Sonangol International Limited [2019] HKCFI 1443 – interlocutory injunction in unfair prejudice petition in respect of substantial multinational business group (led by Linda Chan SC) Trophy Gold Investments Ltd v Modern City Development Ltd & Another (HCMP 2161/2014) – unfair prejudice petition; accounting irregularity; misappropriation of company assets (as sole advocate)Co. A & Others v Co. D & Others [2018] HKCFI 2240 – application for receivership in aid of arbitration (led by Linda Chan SC)Pacific Fertility Institutes Holding Co Ltd v Xu Zhongping & Others (HCCW 238/2019) – unfair prejudice petition in respect of listed company; misappropriation of company assets (led by Bernard Man SC)Re Masterwise International Ltd and Foster Industries Co Ltd (HCMP 2055 & 2056/2019) – unfair prejudice petition; non-payment of dividends; excessive remuneration to directors; exclusion from management (led by Bernard Man SC)Ge Qingfu & Others v L & A International Holdings Limited & Others [2018] HKCFI 2742 – damages against directors of listed company under ss.728-730 of Companies Ordinance (led by Linda Chan SC)Xu Liu Chun v Wu Chang Jiang & Another [2018] HKCFI 1575 – unfair prejudice petition; breach of shareholders’ agreement; misappropriation of company assets (with Elizabeth Cheung)Lilly Nederland Holding BV v China Animal Healthcare Limited & Others (HCCW 156/2017) – resisting unfair prejudice petition and just and equitable winding up (led by Bernard Man SC on 6.7.2017 and 18.9.2017, Victor Dawes SC on 12.9.2017, Eugene Fung SC on 12.10.2017)Grandom Asia Holding Ltd & Others v Fung Yue Company Ltd & Others (HCCW 161/2016) – striking out winding up petition (led by Victor Dawes SC) 诽谤 / 传媒 Baby Fat Pet Shop Ltd & Another v Shek Hei Lo (HCA 217/2022) – libel claim against influencer in respect of defamatory statements posted on Instagram and Facebook (with Eugene Kwan)Tina Michelle Hsu v Kam Wai Fun Torrente [2022] HKDC 299 – libel claim brought by chairlady of management committee of incorporated owners against resident; striking out pleas of justification and fair comment (led by Jonathan Chang SC)Liam Kealy Barney v Nguyen Phuoc Tieu Phung (HCA 1956/2021) – libel claim in respect of Facebook post alleging criminal conduct (as sole advocate)Ip Yan Ming v Wong Suet Sau (DCCJ 1164/2020) – libel claim against ex-patient over defamatory posters (as sole advocate)Cheung Chun Kit v Yeung Long Marco (HCA 1517/2020) – libel claim against ex-employee over defamatory article published in book (as sole advocate)China Innovation Investment Ltd & Others v Apple Daily Ltd & Others (HCA 2424/2019) – defence of reportage (led by Victor Dawes SC)Leung Chun-Ying v Chung Kim-Wah & Best Pencil (Hong Kong) Limited (HCA 1993/2018) – fair comment (led by Paul Shieh SC and Victor Dawes SC)Pui Kwan Kay v Ming Pao Holdings Ltd & Others (FAMV 22/2016, 23.8.2016) –Reynolds privilege (led by Jason Pow SC and Victor Dawes SC)Regina Ip Lau Suk Yee v Cheng Albert Jianghan & Yuen Mi-Ming Erica (HCA 1458/2014) – libel dispute concerning the by-election of the Southern District Council (led by Jason Pow SC) 禁制令 / 藐视法庭 Alltogether Land Company Ltd v China Create Capital Ltd & Another [2022] HKCFI 2726 – variation of post-judgment Mareva injunction (with Cristian Tsang)Daimler AG v Helge Herbert Leiduck & Another (HCA 4089/1994) – application to dismiss an inquiry as to damages; security for costs; expunging hearsay evidence; disclosure application in aid of non-party costs order (led by Bernard Man SC)CW Financing Ltd v Haitong International Products & Solutions Ltd (HCMP 1250/2021) – secured creditor seeking to dispose of charged assets covered by a Mareva injunction (as sole advocate)Everwin Enterprise (Hong Kong) Limited v Haitong International Products & Solutions Ltd (HCMP 1606/2021) – acting for company to oppose injunction to restrain presentation of winding up petition (led by Jose Maurellet SC)Mega Pacific Pty Ltd v TCL Home Appliances (HK) Co Ltd (HCA 1306/2019) – setting aside Mareva injunction (as sole advocate)Smart Focus Inc Ltd v Caroline-Fargo Capital Ltd (HCA 221/2019) – release of undertaking in lieu of injunction (as sole advocate)Jessop & Baird (Hong Kong) Limited v Neo Hwee Khim & Others [2019] HKCFI 2583 – acted for defendant in civil contempt proceedings (as sole advocate)Co. A & Others v Co. D & Others [2019] HKCFI 367 – Mareva injunction in aid of arbitration; discharge on ground of material non-disclosures (led by Linda Chan SC)Symphony Partners Ltd & Others v Fullerton Bay Investment Ltd & Others [2018] 4 HKLRD 264 – scope of Order 59 rule 14(3) (led by Linda Chan SC)Prestige Medical Imaging Centre Limited & Another v To Man Chi (HCA 2023/2018) - interlocutory injunction against ex-employee; springboard relief; breach of non-compete covenant and confidentiality clause (as sole advocate)Ming Hsieh v Xu Zhe & Others [2018] HKCA 390 – enforcement of undertaking as to damages (led by Victor Dawes SC)Co. A & Others v Co. D & Others [2018] HKCFI 2240 – application for receivership in aid of arbitration (led by Linda Chan SC)Golden Miles Group Holdings Ltd v Jacob & Co Ltd [2018] HKCFI 441 – interlocutory injunction against supplier for breach of exclusive distributorship agreement (led by Horace Wong SC and with Norman Nip)Birmingham International Holdings Ltd (Receivers Appointed) v Hui Ho Luek, Vico (HCMP 1429/2016) – injunction to restrain presentation of winding up petition (as sole advocate)Wong Man Hon Frederick v China Times Securities Limited (HCA 2715/2016, 15.2.2017) – resisted interlocutory injunction against securities brokerage firm (led by Charles Manzoni SC) 破产清盘 Pan Sutong v Bank of China Ltd [2022] HKCFI 1450 – setting aside statutory demand on grounds of duress, foreign illegality and abuse of process (led by Bernard Man SC)AIG Insurance Hong Kong Ltd v Yip Kim Po [2022] 3 HKLRD 356 – bankruptcy petition presented more than 6 years after accrual of debt; whether petition was time-barred (as sole advocate)Stellar Aircraft Holding 1 Ltd v Hong Kong Airlines Ltd (HCCW 71/2022) – winding up petition against airline operator (as sole advocate)Everwin Enterprise (Hong Kong) Limited v Haitong International Products & Solutions Ltd (HCMP 1606/2021) – acting for company to oppose injunction to restrain presentation of winding up petition (led by Jose Maurellet SC)Lau Kam Sing Dickie v Lo Hon Kwong [2021] HKCA 1149 – appeal against bankruptcy order; breach of Money Lenders Ordinance (led by Bernard Man SC)China Joy Shipping Inc v HNA Group Co Ltd (HCCW 143/2020) – winding up petition against unregistered company incorporated in PRC (led by Charles Manzoni SC)Re China Environmental Technology Holdings Ltd (HCCW 238/2019) – winding up petition against listed company on insolvency ground (led by Bernard Man SC)Re Wu Chun Kwan [2019] HKCFI 2802 – appointment of interim trustee (as sole advocate)The Hongkong and Shanghai Banking Corporation Ltd v Cai Sui Rong (HCB 2859/2018) – opposing bankruptcy petition on jurisdictional grounds (as sole advocate)Sun Koo Kwan v China Galaxy International Securities (Hong Kong) Co Ltd (HCSD 12/2018) – setting aside statutory demand (as sole advocate)Marina Bay Sands Pte Ltd v Lin Quanxiang (HCA 1155/2016; HCB 3714/2017) – setting aside default judgment and annulment of bankruptcy order (as sole advocate)Birmingham International Holdings Ltd (Receivers Appointed) v Hui Ho Luek, Vico (HCMP 1429/2016) – injunction to restrain presentation of winding up petition (as sole advocate)Grandom Asia Holding Ltd & Others v Fung Yue Company Ltd & Others (HCCW 161/2016) – striking out winding up petition (led by Victor Dawes SC) 仲裁 Acting for PRC companies against former employees in a dispute relating to grant of share options (led by Bernard Man SC)Acting for lender to recover a USD 15-million loan against borrower and guarantor (as sole advocate)Acting for a Japanese electrical manufacturer to defend claims brought by customer (as sole advocate)Represented a sovereign State to set aside an award on jurisdiction made in an investor-State arbitration (led by Charles Hollander QC)Co. A & Others v Co. D & Others [2018] HKCFI 2240 – application for receivership in aid of arbitration (led by Linda Chan SC)Represented a PRC-based company to defend a US$26 million claim brought by a private equity fund (as sole advocate)Represented an investment company in a RMB 100 million claim arising out of a share purchase agreement (as sole advocate)Represented an international manufacturer of electronic components to seek a declaration of indemnity against its distributor (led by Alex Stock SC)Resisted application to set aside arbitration award under s.81 of Arbitration Ordinance (led by Alex Stock SC) 财产及物业转移 Chen Kam Nga v Lee Ho Yin [2021] HKCFI 1352; [2022] HKCA 1150 – dispute as to beneficial ownership of property acquired during romantic relationship; constructive trust (as sole advocate)Soshila Keswani v Motiram Keswani [2019] HKDC 135; [2022] 2 HKLRD 822 – setting aside deed of family arrangement and vesting assignment; non est factum (as sole advocate; led by Jonathan Chang SC)Arch Land Holdings Ltd v Jim Yiu Ming & Others (HCA 1060/2020) – acting for mortgagee to strike out claims for breaching no reflective loss rule (with Eugene Kwan)Hammer Capital Private Investments Ltd v Industrial and Commercial Bank of China (Asia) Ltd & Others [2018] HKCFI 2603 – injunction to restrain sale of mortgaged properties (led by Linda Chan SC) Re Hoi Yin Association of Hong Kong Ltd (HCMP 788/2020) – vesting order of properties paid for by unincorporated association (as sole advocate)Cheung Kei Center Ltd v Mount Kelly International Ltd (HCA 1383 & 1668/2019) – tenancy dispute; common mistake; misrepresentation (as sole advocate)Cho Shiu Yee v The Personal Representative of the Estate of Kwok Cheong (DCCJ 5514/2019) – ownership dispute over land in New Territories (as sole advocate) 遗产 / 继承 Chan Sze Mann Samantha v Chan Ka Pui (HCA 523/2020) – derivative action by beneficiary against personal representative (as sole advocate)Ng, Rose Kai Ching & Others v Liang Yum Shing Howard & Another (HCMP 2013/2018) – removal of executor; claim for inventory and account (led by Bernard Man SC)Tsang Wing Kwai v Tsang Wing Fai [2019] 1 HKLRD 1300; [2018] 5 HKLRD 350 – removal of executor; stay of execution (led by Bernard Man SC)Soshila Keswani v Motiram Keswani [2019] HKDC 135 – setting aside deed of family arrangement and vesting assignment; non est factum (as sole advocate)Ah Pin Say Nai v Tam Mee Ling [2019] HKCFI 2856 – determination of an intestate’s domicile under the Domicile Ordinance (led by Jason Pow SC)Acted for a professional executor to seek a Beddoe order (as sole advocate) Sinotruk (Hong Kong) Ltd & Another v Lin Dongming (HCA 117/2022) – salary dispute between listed company and former managing director (as sole advocate) Tsang Wing Wai Michael v Sunlink Commercial Ltd (HCA 2407/2019) – claim by ex-employee against former employer for breach of incentive agreement and bonus payment; rescission for misrepresentation (led by Paul Shieh SC)Prestige Medical Imaging Centre Limited & Another v To Man Chi (HCA 2023/2018) - interlocutory injunction against ex-employee; springboard relief; breach of non-compete covenant and confidentiality clause (as sole advocate)Qihoo 360 Technology Co Ltd v Fu Sheng (HCA 1637/2011) – breach of non-compete clause and non-employment clause (led by Bernard Man SC) Sound Agents Ltd & Others v Hang Seng Bank Ltd (HCA 1183/2021) – representing bank to defend claims brought by customer in a dispute arising from restructuring negotiations (led by Bernard Man SC)Taishin International Bank Co Ltd v QFI Ltd [2020] HKCFI 2116 – dispute between bank and customer over foreign exchange transactions; conclusive evidence clause (led by Bernard Man SC)Liming Capital Ltd v CLSA Ltd (HCA 2055/2008, 27.12.2017) – dispute between investment bank and consultant over service fees (led by Charles Manzoni SC)Fubon Bank (Hong Kong) Ltd v On Hing Paper Company Ltd & Others (HCA 1132/2016) – dispute between bank and customer over foreign exchange transactions; contractual estoppel (led by Victor Dawes SC) Securities and Futures Commission v Li Wing Sang & Others (HCMP 2068/2020) – disqualification order under s.214 of Securities and Futures Ordinance (led by Victor Dawes SC)Zhi Charles v The Stock Exchange of Hong Kong Limited & Others [2017] 2 HKLRD 35 – acted for Hong Kong Stock Exchange to resist interlocutory injunction (led by Bernard Man SC)Re Freeman Fintech Corporation Ltd; Securities and Futures Commission v Andrew Liu & Others (HCMP 2653/2016) – disqualification order under s.214 of Securities and Futures Ordinance (led by Jat Sew Tong SC, Victor Dawes SC and with Jonathan Chang, now Jonathan Chang SC) Sound Agents Ltd & Others v Hang Seng Bank Ltd (HCA 1183/2021) – acting for bank to defend claim in breach of confidence brought by customer (led by Bernard Man SC)Prestige Medical Imaging Centre Limited & Another v To Man Chi (HCA 2023/2018) – interlocutory injunction against ex-employee to enforce non-compete covenant and confidentiality clause (as sole advocate)Qihoo 360 Technology Co Ltd v Fu Sheng (HCA 1637/2011) – breach of confidence against ex-employee (led by Bernard Man SC) United Reliance Corporation Ltd v Chun Yip Construction Company Ltd (HCCT 74/2021) – construction dispute between building contractors at residential development site (as sole advocate)The Getz Corporation (Hong Kong) Ltd v Sau Gwan Engineering Co. (HCA 1790/2020) – construction dispute between building contractors at government complex (as sole advocate)Chun Yip Construction Company Ltd v Sun Kong Hing Mason Engineering Ltd (HCA 1304/2019) – construction dispute between building contractors at residential development site (as sole advocate) Matsushima Electric (HK) Co Ltd v Benny Kong & Tsai (DCCJ 4152/2019) – negligence claim against law firm by former client (as sole advocate) Siu Yat Fung Anthony v The Council of the Law Society of Hong Kong & Others [2022] HKCFI 2199; [2022] 3 HKLRD 443 – judicial review in respect of Joint Tribunal of the Bar Council and the Law Society’s decision regarding dispute over counsel’s fees; breach of Tameside duty; failure to consider relevant considerations; inadequate reasons (led by Bernard Man SC) Cheung Tak Wing v Communications Authority & Director of Information Services Department [2018] 5 HKLRD 515 – judicial review regarding broadcast materials concerning Government’s constitutional reform proposals on method for selecting Chief Executive (with Abraham Chan, now Abraham Chan SC)Re Feng Hongyan (HCAL 165/2017) – leave to apply for judicial review; refund of stamp duty under s.29DF of Stamp Duty Ordinance (with Elizabeth Cheung) 
