案件選例
商業糾紛
Zhongshouyou Brothers Limited v Bear Stearns Companies & Weiser Global Capital Markets Limited HCCT 85/2021, proprietary injunction in aid of arbitration and Bankers Trust order (led by Victor Dawes SC, with Anthony Chan)Mututal Brilliant Limited v Shin Ho Cable (Holdings) Company Ltd HCA 2361/2017, breach of an alleged oral agreement regarding the right to develop PRC land (led by Bernard Man SC)Real Estate and Finance Fund (In Liquidation) and Worldwide Opportunities Fund SPC (In Liquidation) v Sun Cheuk Pak Alan & Ors HCA 938/2022, alleged large-scale fraudulent conspiracy claim for over HK$1 billion involving 20 defendants; unlawful means conspiracy, shadow directorship, breach of fiduciary duties, and dishonest assistance; trial reserved for 19 days (led by Abraham Chan SC, with Jonathan Ng; judgment pending)Wu Ming Fat Simon v Chen Fanlin & Ors [2022] HKCFI 3250, strike-out application concerning the tort of conspiracy, SFC’s Code of Conduct, promissory estoppel and the plaintiff’s locus (with Anthony Chan)Joint and Several Trustees in Bankruptcy of the Property of Pao Wai Kwan v Pao Wai Man (HCA 2093/2020), trial regarding implied agency and the right of indemnity; proceedings settled on day 4 (with Justin Ho)OCI Capital Ltd v Lanhai International Trading Ltd [2023] HKCFI 1804, breach of an alleged oral agreement to purchase shares; late amendment of pleadings and VCF applications (sole advocate) Chan Suk Ying v Lee Wai Ling Celine & Ors [2023] HKCFI 3085, dispute regarding the beneficial ownership of shares in a company raising issues involving tracing, limitation, laches, and unjust enrichment; application to strike out and to set aside an extension of validity of writ (led by Richard Khaw SC, with James Man) 財產及物業轉移 The Dairy Farm Company Ltd v Secretary for Justice [2022] HKCA 1902, construction of a land grant, right of way, derogation of grant and laches (led by Benjamin Yu SC and Abraham Chan SC)Sky Globe Holding Ltd v Hung Lee Estates Ltd [2023] 4 HKLRD 413; [2023] 6 HKC 569, conveyancing dispute concerning the duty to show and give title; whether fire safety directions constitute blot on the title; failure to comply with building orders and produce certified copies of title documents (led by Victor Dawes SC)SPM Ltd v Building Authority [2023] 2 HKLRD 531 (CA), construction of the DMC and whether external walls are common parts (led by Abraham Chan SC)The Hong Kong Polytechnic University v Rehabaid Society [2024] 1 HKLRD 762 (CA), construction of contractual licence and implied terms; leave to appeal to CFA and interim stay application (led by Abraham Chan SC, with Keith Lam)Marspan Ltd v Margaret Chiu & Ors [2023] HKCFI 1238, interim injunction in the context of O.113 possession proceedings (led by Laurence Li SC)Wharf Reality Limited v Abebi Limited and AGB Legend Limited [2022] HKCFI 2036, landlord and tenant dispute raising issues of COVID-19 frustration, rent abatement, quiet enjoyment and derogation from grant (led by Bernard Man SC)Hong Kong Science and Technology Parks Corporation v Dragon Electric Motor Co Ltd (HCA 1265/2021), landlord and tenant dispute concerning construction of lease (led by Eva Sit SC)Daily View Investment Limited & Stead On Investment Limited v Bonjour Cosmetic Wholesale Centre Limited HCA 988/2021, landlord and tenant dispute concerning rent abatement and COVID-19 frustration (sole advocate)Huge Natural Ltd v Singh, Gurdev Brar LDPE 1065/2022, landlord and tenant dispute concerning tenancy assignment, estoppel and waiver (sole advocate) 公法 / 司法覆核 John has acted in a wide range of public law and regulatory matters both for and against public bodies. His clients have included the HKSAR Government, the Hospital Authority, the Communications Authority, the Stock Exchange of Hong Kong Ltd, the Law Society, the Consumer Council, the Hong Kong Science and Technology Parks Corporation, and the Estate Agents Authority. Recent highlights include:
- MK v Director of Legal Aid
- (2024) 27 HKCFAR 204, waiver of legal professional privilege; abrogation and interpretation of the Legal Aid Ordinance / Legal Aid Regulations; scope of assigned lawyer’s “watchdog duties” to report legal aid abuse to the Director of Legal Aid (led by Abraham Chan SC)
- (2023) 26 HKCFAR 324, security for costs (led by Abraham Chan SC)
- [2023] 1 HKLRD 895 (CA); [2023] 2 HKC 130 (CA), whether and the extent to which the statutory regime governing legal aid abrogates legal professional privilege (led by Abraham Chan SC)
Kwok Cheuk Kin v Secretary for Health [2022] 5 HKLRD 348; [2022] 6 HKC 831, legality of the Secretary’s decision to invalidate around 20,000 medical exemption certificates under the Government’s vaccine pass regime in the context of the Covid-19 pandemic (led by Abraham Chan SC)Cheung Tak Wing v Communications Authority [2022] 1 HKLRD 457 (CA), freedom of expression and the right to equality in the context of the Government’s reform proposals on universal suffrage (led by Abraham Chan SC)- Fung Ping Sum Connie v Appeal Panel (Estate Agents Ordinance)
- [2022] 1 HKLRD 850; [2022] 2 HKC 656, statutory interpretation, the right to property under Art.105 of the Basic Law and proportionality (led by Abraham Chan SC)
- [2022] 1 HKLRD 1435, application to vary the costs order nisi on “public interest litigation” grounds (led by Abraham Chan SC)
China Trends Holdings Limited v The Stock Exchange of Hong Kong Limited CACV 425 of 2021, challenge to a delisting decision made by the Stock Exchange of Hong Kong Ltd; alleged failure to take into account relevant considerations (led by Victor Dawes SC, judgment pending)Cheung Tat Ming Eric v The Council of the Law Society of Hong Kong HCAL 529/2022, apparent bias and procedural fairness in the disciplinary context (led by Abraham Chan SC, judgment pending)ABC v Law Society of Hong Kong HCAL 1215/2023, whether a complainant/informant is a “party” to proceedings before the Solicitors Disciplinary Tribunal and/or has the right to submit evidence and participate in the proceedings (led by Abraham Chan SC, judgment pending); application to set aside anonymity order (led by Jin Pao SC, judgment pending)Advised on issues concerning a town planning judicial review (led by Victor Dawes SC) 公司法 - Ma King Huen v The Sincere Company Ltd
- [2024] 1 HKLRD 1292, trial concerning unpaid director’s fees, wages and other emoluments; construction of articles of association (led by Anthony Chan SC)
- [2024] 3 HKLRD 217, whether costs incurred in Labour Tribunal proceedings should form part of costs awarded in High Court Action; whether costs in High Court action should be on indemnity basis; failure to respond to Caldebank offer (sole advocate)
Re Cobo Asia Ltd (HCMP 362/2021, HCA 835/2022, HCA 87/2022, HCA 908/2022, HCA 1524/2022), ongoing proceedings concerning unfair prejudice, breach of fiduciary duties, breach of shareholders’ agreement, breach of restrictive covenants, and breach of employment contract (with Martin Ho)- Re T&L Securities Ltd
- [2022] HKCFI 3080, application for inspection of company documents under s.740 of the Companies Ordinance (Cap 622) (with Keith Lam)
- [2023] HKCFI 315, application for stay of execution pending appeal (with Keith Lam)
Re Dongguan Dong Hing (Second) Transportation Ltd (HCMP 762/2023); Re Tong Kiu Traffic Services Ltd (HCMP 988/2023), unfair prejudice proceedings concerning alleged misuse of company funds and concealment of information (with Martin Ho)Re Lucky Honest International Investment Ltd; Re Max Dragon International Investment Limited; Re Wisdom Well Investment Limited; Re Mega Dragon International Investment Limited (HCMP 1362/2023, HCMP 1363/2023, HCMP 1364/2023, HCMP 1365/2023), unfair prejudice proceedings concerning misappropriation of company funds, concealment of information and exclusion from management (with Martin Ho)Re Fly Eagle Enterprises Ltd (HCMP 2287/2020 & HCMP 2170/2021); unfair prejudice claim involving allegations of exclusion of management, misappropriation, and vexatious proceedings launched by the company against the petitioner; trial fixed for 6 days, settled shortly before trial (with Martin Ho)Acting for the majority shareholders in a just and equitable winding-up petition (led by Victor Dawes SC) Wing Fung Credit Ltd v Fred Kan & Co HCMP 224, 428 & 430/2016, solicitors’ negligence claim involving alleged mortgage fraud; whether there is a conveyancing trade practice to verify the authenticity of title deeds and the identity of a mortgagor; contributory negligence; trial fixed for 10 days (led by Eugene Fung SC, judgment pending)CW Group Holdings Ltd & Ors v Ernst & Young (A Firm in Hong Kong) HCA 831/2021, accountants’ negligence claim for over HK$900m involving an alleged large-scale fraudulent conspiracy (led by Victor Dawes SC, with James Man)Advised on issues relating to a professional negligence claim against a firm of solicitors (led by Victor Dawes SC)Acting in an ongoing professional negligence claim against former liquidators (led by Bernard Man SC, with James Man) Re Leung Yuk Kit (SFAT 4/2021), proper scope and legality of the restriction notices regime, and its relationship with s.213 injunctions (led by Charles Manzoni SC)China Trends Holdings Limited v The Stock Exchange of Hong Kong Limited CACV 425 of 2021, challenge to a delisting decision made by the Stock Exchange of Hong Kong Ltd (led by Victor Dawes SC, judgment pending)Re Superb Summit International Group Ltd HCMP 2305/2020, proceedings under s.214 of the Securities and Futures Ordinance (Cap.571) (sole counsel)Advised an education foundation regarding debentures and provisions of the Securities and Futures Ordinance (Cap. 571) (sole counsel) Standard International Bank, LLC v Huang Cheng & Ors HCA 540/2023, dispute concerning a remittance service agreement involving a ‘challenger bank’; alleged unauthorised dissipation of funds and an alleged unlawful means conspiracy (with Martin Ho)Kwan Tit On Daniel v Wong Hing Yee, Fiona & Anor HCA 1170/2020, acting for an international bank in relation to an alleged mis-selling claim; trial fixed for 6 days (led by Queenie Lau SC) - Ma King Huen v The Sincere Company Ltd
- [2024] 1 HKLRD 1292, trial concerning unpaid director’s fees, wages and other emoluments; construction of articles of association (led by Anthony Chan SC)
- [2024] 3 HKLRD 217, whether costs incurred in Labour Tribunal proceedings should form part of costs awarded in High Court Action; whether costs in High Court action should be on indemnity basis; failure to respond to Caldebank offer (sole advocate)
Re Cobo Asia Ltd (HCMP 362/2021, HCA 835/2022, HCA 87/2022, HCA 908/2022, HCA 1524/2022), ongoing proceedings concerning unfair prejudice, breach of fiduciary duties, breach of shareholders’ agreement, breach of restrictive covenants, and breach of employment contract (with Martin Ho)Dr Chung Ho Yin Andrews v The Medical Council of Hong Kong [2024] 2 HKLRD 270, whether alleged ‘unjustifiable comments’ made by a doctor in a media interview concerning a fictional book had sufficient factual basis; freedom of expression (led by Abraham Chan SC)Dr Leung Ka Lau v The Medical Council of Hong Kong CACV 63/2023, medical advertising and the freedom of expression (led by Abraham Chan SC) Advised on the validity of a will concerning a multi-billion estate (led by Victor Dawes SC) Advised a company on issues concerning the source of its income and apportionment of profits under s.14 of the Inland Revenue Ordinance (Cap 112) (led by Eugene Fung SC) Advised on the scope and construction of a Professional Indemnity Insurance Policy and a Management Liability Insurance Policy (sole counsel) 
