案件選例
公司法
Re Zioncom Holdings Limited (HCMP 326/2022) – unfair prejudice petition, rights issue, convening EGM (led by Bernard Man SC)Re Luk Fai Holdings Company Limited (HCMP 909/2021) – unfair prejudice petition, exclusion from management, misappropriation of assets (led by Bernard Man SC, with Keith Chan)Re Veolia Energy Capital (Hong Kong) Co. Limited (HCCW 352/2020) – unfair prejudice petition (led by Rimsky Yuen SC)Re Friedman Pacific Asset Management Limited [2020] HKCFI 442; [2020] 2 HKLRD 274 – winding up to achieve clean break and for asset distribution of a divorced couple, winding up relief as last resort, whether place of business in Hong Kong (led by Bernard Man SC)Re Foster Industries Company Limited (HCMP 2055/2019) – unfair prejudice petition (led by Eva Sit SC)Re China Animal Healthcare Limited (HCCW 156/2017) – application to appoint provisional liquidators (led by Linda Chan SC) Re China Shanshui Cement Group Limited (HCCW 248/2018) – validation order (led by Alex Stock SC)Re John Manners and Company Ltd (HCMP 913/2018) – application to rectify information on the Companies Register (led by Jin Pao SC)Re Million Federal International Ltd (HCMP 499/2018) – unfair prejudice petition (led by Bernard Man SC)Advised on board constitution issues relating to a company operating a middle school (led by Paul Shieh SC, with Law Man-Chung [now Law Man-Chung SC]) 破產清盤 Re Dai Yu Min [2022] HKCFI 950 – stay of bankruptcy petition pending arbitration, cheque and arbitration clause (led by Bernard Man SC, with Keith Chan) Re Chu Jiaru (Bankrupt) HCB 8394/2020 – annulment of bankruptcy order (led by Charles Manzoni SC, with Keith Chan)Lu Yongliang v Bank of China Ltd, Dongguan Branch (CACV 512/2019) – whether statutory demand founded on a claim for which Mainland judgment has been obtained precluded by s.5(1) of Foreign Judgements (Restriction on Recognition and Enforcement) Ordinance and s.22(2) of the Mainland Judgments (Reciprocal Enforcement) Ordinance, whether Ladd v Marshall conditions to be applied with full rigour when first instance judgment procured by fraud; see [2021] HKCA 1048; [2021] 6 HKC 46 – substantive appeal; [2021] HKCA 1047 – leave to appeal (led by Bernard Man SC, with Victor Lui)Expert report for Cayman Island proceedings injuncting winding up petition (FSD 322/2021) (led by Paul Shieh SC)Chan Ka Chung v Investor Choice Holdings Ltd (HCSD 1/2021) – application to set aside statutory demand (led by Jonathan Chang SC)Re Master Glory Group Ltd [2020] HKCFI 1141 – winding up (sole advocate)Re Wang Nin (Bankrupt) (HCB 5054/2020) – non-commencement order (sole advocate)William A Brandt, Jr, the Chapter 11 of CFG Peru Investments Pte Limited (Singapore) v The Hong Kong and Shanghai Banking Corporation Limited [2020] HKCFI 33; [2020] 2 HKLRD 415 – leave to use domestic decision in chapter 11 proceedings, breach of Court order (led by Eva Sit SC)Re Hong Kong Building and Loan Agency Ltd (HCMP 2268/2018) – directions hearing for scheme of arrangement (led by Eva Sit SC)Re Union Asia Enterprise Holdings Limited [2019] HKCFI 2349 – sanction hearing for scheme of arrangement (led by Linda Chan SC)China Medical Technologies, Inc. (in liquidation) v Bank of China (Hong Kong) Limited [2019] HKCA 402; [2019] 2 HKLRD 710 – extension of validity of writ issued by liquidators (led by Linda Chan SC)Application under ss.286B, 286C of the Cap.32 for production and private examination (led by Victor Dawes SC) 商業糾紛 Beijing Renji Real Estate Development Group Co, Ltd v Zhu Min [2022] HKCFI 1027 – resisted enforcement pursuant to Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap.597) (led by Audrey Eu SC) Steadfast Int’l Ltd v Tuenbo Co Ltd & Ors [2022] HKCFI 717 – O.14, redemption of share charge (led by Bernard Man SC and with Brian Lee); see also [2021] HKCFI 3094 – amendment of pleadings (led by Bernard Man SC, with Brian Lee)Tuenbo Company Ltd v Cheung Sung Lam [2021] HKCFI 1620 – strike out for want of authority (led by Bernard Man SC, with Brian Lee)Sio Tak Hong & Ors v Active Success Consultants Ltd & Ors (HCA 467/2020) – joint venture, breach of contract (led by Bernard Man SC, with Keith Chan)Fok Chun Yue Benjamin v Fok Chun Wan Ian & Ors (HCA 92/2016) ; Fok Lai Lor Nora v Fok Chun Wan Ian & Ors (HCA 275/2016) – dispute over settlement agreement, discovery application (led by Jin Pao SC)Tasty Catering Group Ltd & Anor v Cheng Hung Kit [2021] HKCA 1211 – strike out, whether duress actionable tort giving rise to damages (led by Victor Dawes SC); see also [2020] HKCFI 2477 – first instance (led by Victor Dawes SC)Cheng Siu Fai v Swenson Global Opportunities Funds SPC (HCA 2058/2020) – disputes over subscription to Ant Group IPO shares; see [2021] HKCA 1005 – costs for Ladd v Marshall application (led by Bernard Man SC, with Jonathan Ng)Goldbay Fortis Ltd v Asia Allied Infrastructure Holdings Ltd [2021] HKCFI 1620 – 19-day trial, succeeded in claims on breach of implied terms of good faith and contract of pre-emption (led by Jason Pow SC and Victor Dawes SC)Qianhai Xinhuakang Financial Holdings (Shenzhen) Ltd v Chen Jiarong & Ors [2018] HKCFI 2655 – joint venture, strike out, claims on breach of contract, breach of fiduciary duty and tort (led by Benjamin Yu SC, with Keith Lam); see also [2020] HKCFI 823; [2020] 2 HKLRD 1320 – the Eshelby rule (led by Bernard Man SC); [2018] HKCFI 2113 – speedy trial (led by Benjamin Yu SC, with Keith Lam)Invest Gain v Novel Good Ltd [2019] HKCFI 1633 – trial on breach of warranties in respect of sale and purchase of shares in a listed company, construction of notice clauses (with Eva Sit [now Eva Sit SC]); see also [2021] HKCA 62 – substantive appeal (led by Eva Sit SC) Galsworthy Ltd v Liu Cheng Chan & Ors (HCA 560/2017) – conspiracy, dissipation of assets of an insolvent shipping company, South Africa ship-arresting regime (led by Bernard Man SC) Ivis Sze v Yu Kwai Wa & Ors (HCA 2901/2018) – joint venture in respect of PRC land interest, breach of contract (led by Bernard Man SC)Convoy Global Holdings Ltd & Ors v Cho Kwai Chee Roy & Ors (HCA 2922/2017) – breach of directors’ duties and conspiracy (led by Bernard Man SC)China Technology Solar Power Holdings Ltd v Zeng Xiangyi & Ors [2019] HKCFI 44; [2019] 1 HKLRD 743 – slip rule (sole advocate)China Trends Holdings Ltd v Asia Television Ltd (HCA 1067/2017) – breach of contract, investment agreement (led by Linda Chan SC) Kwok Cheuk Kin v Directors of Lands & Ors (2021) 24 HKCFAR 349 – acted for Heung Yee Kuk and successfully opposed application for judicial review in respect of the Small House Policy (led by David Pannick QC, Jat Sew-Tong SC and Jin Pao SC); see also [2021] HKCFA 27 – security for costs (led by Jat Sew-Tong SC and Jin Pao SC); [2021] HKCA 54 – substantive appeal (led by David Pannick QC, Jat Sew-Tong SC and Jin Pao SC); [2021] HKCA 915 – costs, public interest litigation (led by Jin Pao SC); [2019] HKCFI 867; [2020] 1 HKLRD 988 – first instance (led by David Pannick QC, Jat Sew-Tong SC and Jin Pao SC)Chan Kung Shun & Ors v Commissioner of Police [2020] HKCFI 2882 – judicial review with respect to insignia policies and complaint handling mechanism of Hong Kong police (led by Victor Dawes SC and with Anthony Chan); see also CACV 644, 645, 646/2020 (led by Benjamin Yu SC and Victor Dawes SC, with Anthony Chan)Leung Kwok Hung v President of the Legislative Council for and on behalf of the Legislative Council & Anor [2021] HKCA 169; [2021] 1 HKLR 1247 – Quorum requirement for committee of the whole Council, Article 75 of the Basic Law, standing (led by Benjamin Yu SC and Abraham Chan SC); see also [2019] HKCFI 1482 – first instance (led by Benjamin Yu SC and Abraham Chan SC, with John Leung)Lau Wing-Hong v Chan Yuen-Man, Amy (Returning Officer for the New Territories East Geographical Constituency) (2019) 22 HKCFAR 524 – election petition (led by Jin Pao SC) 禁制令 / 藐視法庭 Beijing Renji Real Estate Development Group Co, Ltd v Zhu Min [2022] HKCFI 1027 – application to discharge Mareva injunction (led by Audrey Eu SC) Cosimo Borrelli as Trustee of the SFC Litigation Trust v Allen Tak Yuen Chan [2020] HKCFI 2382 – application for recusal of judge for contempt hearing (led by Eva Sit SC)La Dolce Vita Fine Dinning Group Holdings Ltd v Zhang Lan [2021] HKCA 26 – Ladd v Marshall application for appeal against contempt findings (led by Eva Sit SC)匯力（天津）股權投資基金管理有限公司 v Sunfund Investment & Management Company Limited [2020] HKCFI 236 – application to discharge ex parte injunctions (led by Bernard Man SC)Galsworthy Ltd v Liu Cheng Chan & Ors [2019] HKCFI 2397 – application to discharge Mareva Injunction (led by Bernard Man SC); see also CAMP13/2017 – urgent renewed application for leave to appeal in respect of discharge of interim relief (led by Bernard Man SC)China Medical Technologies, Inc (in liquidation) & Ors v Wu Xiaodong & Ors [2019] HKCFI 1448 – application to discharge Mareva injunction (led by Linda Chan SC)Re Shandong Chenming Paper Holdings Limited (HCCW 175/2017) – application to discharge Mareva injunction (led by Linda Chan SC) Hiromi Okada v Tomohiro Okada & Anor [2018] HKCFI 2310 – interim relief over shares (led by Charles Hollander QC, Abraham Chan SC and with Martin Ho) 仲裁 La Dolce Vita Fine Dining Co Ltd v Zhang Lan [2020] HKCFI 622 – enforcement of arbitration award (led by Eva Sit SC) HKIAC dispute defending a RMB390m claim arising from sale and purchase of Mainland assets (led by Paul Shieh SC)HKIAC dispute defending HK$165m claim arising from an exercise of a share option (led by Bernard Man SC, with Keith Chan)HKIAC Rules – 3-day trial, wrongful termination of contract, unjust enrichment (with Eugene Kwan)CIETAC Rules – 9-day trial in relation to a US$286 million claim arising from a share and purchase agreement (led by Linda Chan SC and with Eva Sit)HKIAC construction dispute defending a HK$80m claim (led by Jin Pao SC)HKIAC Rules – trial on a claim for price for renovation work (sole advocate) 財產及物業轉移 CS Credit Ltd v Marspan Ltd & Anor (HCMP 1848/2019, HCA 1852/2020 and HCA 153/2021) – 5-day trial, succeeded in mortgage action, bona fide purchaser defence (led by Victor Dawes SC)Cheung King Yu Laura & Anor v Victory Wish Ltd (HCA 255/2021) – forfeiture of deposit for sale and purchase, frustration, relief against forfeiture (led by Jin Pao SC)Bright Gold Ltd v Mega Well Development Ltd [2020] HKCA 275; [2020] 4 HKLRD 26 – Misrepresentation by estate agent, rescission (led by Victor Dawes SC)Champion Forever Group Ltd v Addchance Dyeing Factory Ltd [2018] HKCFI 2512 – mortgage action (led by Paul Shieh SC)Goldbay Fortis Ltd v Asia Allied Infrastructure Holdings Ltd [2021] HKCFI 1620 – 19-day trial, breach of contract of pre-emption for the purchase of a commercial property, issues on valuation and damages (led by Jason Pow SC and Victor Dawes SC) Re Estate of Madam Yang Foo-Oi (HCAP 10/2020) – probate dispute (led by Benjamin Yu SC and Bernard Man SC, with Keith Lam)Re Estate of Mak Shing Ha (HCAP 29/2018) – setting aside of will (sole advocate)Advised administrator ad colligenda bona* of an estate (led by Bernard Man SC) Minebea Cambodia Co., Ltd v Zhao Jin Fang trading as Anzhan Industrial & Commercial Company (HCA 204/2020) – email fraud DBS Bank (Hong Kong) Ltd v Happy Grace International Development Ltd [2019] HKCFI 2864 – email fraud (sole advocate)DBS Bank (Hong Kong) Ltd v Tian Wen Quan (HCA 3228/2016, 7.12.2017) – email fraud (sole advocate) DP World Djibouti FZCO & Ors v China Merchants Port Holdings Company Ltd [2022] HKCA 84; [2022] 2 HKC 267 – stay application in favour of the Civil Chamber of the Court of First Instance in the Republic of Djibouti, forum non conveniens, relevance of a dispute over authority to sue and a novel foreign law point for stage 1 of the Spiliada test, juridical disadvantage under stage 2 of the Spiliada test (led by Rimsky Yuen SC, with Law Man-Chung [now Law Man-Chung SC]); see also [2019] HKCFI 3104; [2020] 1 HKC 224 – first instance; [2020] HKCFI 639 – leave to appeal obtained from first instance judge (led by Rimsky Yuen SC, with Law Man-Chung [now Law Man-Chung SC])Hiromi Okada v Tomohiro Okada & Anor [2018] HKCFI 2310 – stay application in favour of Tokyo District Court, exclusive jurisdiction clause (led by Charles Hollander QC, Abraham Chan SC, with Martin Ho) Memoran Company Ltd v The IO of Mei Hing Mansion [2022] HKCFI 50 – breach of DMC and Building Management Ordinance (Cap.344) (led by Bernard Man SC)Wong Tak Keung Stanley & Anor v The IO of Grenville House (DCCJ 6539/2020) – claim against IO re water seepage, gas supply (sole advocate) The Yerrid Law Firm v Qiansbaizi Trading Ltd & Anor [2021] HKCFI 1578 – obtained leave to appeal before first instance judge; whether breach of Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap.615) precludes change of position, bona fide purchaser and ministerial receipt defencesDBS Bank (Hong Kong) Ltd v Happy Grace International Development Ltd [2019] HKCFI 2864 – O.14, email fraud (sole advocate)DBS Bank (Hong Kong) Ltd v Tian Wen Quan (HCA 3228/2016, 7.12.2017) – obtained leave to appeal from first instance judge, whether change of position defeated by illegality in the use of PRC underground banking (sole advocate); see also [2018] HKCA 65 (sole advocate)Advised operator of telecommunication services on restitution for unjust enrichment in respect of licence fees paid which were not lawfully due (led by Abraham Chan SC) 證券法及監管 Re Superb Summit International Group Ltd (HCMP 2305/2020) – proceedings under s.214 of the Securities and Futures Ordinance (Cap.571) (led by Abraham Chan SC)Prepared submissions in response to Notice of Proposed Disciplinary Action (led by Laurence Li SC)MMT proceedings in relation to China Medical & HealthCare Group Ltd – acted for Chairman of listed company (led by Eva Sit SC)SFC v Li Hejun & Ors [2017] 4 HKLRD 785 – disqualification under the Carecraft procedure (led by Linda Chan SC) Prepared submissions pursuant to s.9(1) of the Securities and Futures (Stock Market Listing) rules (Cap.571V) on suspension of dealings (led by Paul Shieh SC) Industrial and Commercial Bank of China (Asia) Ltd v Wisdom Top International Ltd [2020] HKCFI 322 – asymmetric jurisdiction clause in the context of enforcement under Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap.597) (led by Jin Pao SC)Industrial and Commercial Bank of China (Asia) Ltd v LT Commercial Ltd (HCA 1660/2019) – O.14, loan enforcement (led by Eva Sit SC) Full Pacific Development Ltd v Shea Ying Fai trading as Damien Shea & Co., Solicitors (HCA 376/2013 and HCA 377/2013) – defended solicitors at a trial on professional negligence (led by Victor Dawes SC)Advised solicitor on a claim for failure to advise in respect of a loan transaction (led by Victor Dawes SC)Advised solicitor on a claim for failure to detect an identity fraud (led by Victor Dawes SC) 
