Au Lut Chi
lcau@giltchambers.com
Office Contact No.: 2866 8233
Fax: 2866 7858
Admission:

Professional Qualifications

2013
Barrister, Hong Kong
2017
AHKIArb

Publication

Contributing Editor of the Hong Kong Civil Procedure (since 2018)

 

Academic

2011, 2012
LLB (Hons), PCLL (CityU)

Legal Related

2016 – Present
Committee Member, Special Committee on Civic Education of the Hong Kong Bar Association
2013
Visiting Fellow, School of Law, City University of Hong Kong

Practice profile

LC’s practice is civil and is often instructed in commercial litigation, land, probate and company matters.  He appears regularly in the High Court, including the Court of Appeal (both led and on his own).

Selected Case

Commercial/Company/General Civil

Waddington Ltd v Chan Chun Hoo Thomas & Ors, HCA 3291/2003, 18 December 2013, acted for the founder of Playmates Toys (SEHK: 0869) and Playmates Holdings Ltd (SEHK: 0635) in a multiple derivative action under the laws of Hong Kong and BVI for breach of director’s duties (led by Martin Lee SC).
 
Pacific Harbor Advisors Pte Ltd & anor v Winson Federal Limited & Ors
  • [2016] 6 HKC 14, acted for a former director of a judgment debtor for an examination under O.48 in asserting privilege against self-incrimination and such privilege is not abrogated in the Rules of the High Court (Cap. 4A) and the High Court Ordinance (Cap. 4) (led by Peter Duncan SC on appeal; first instance with Bernard Chung).
  • HCA 1257/2013, 19 November 2015, acted for a co-guarantor to letters of undertaking and to determine the effect of the discharge of a co-guarantor on another guarantor. Polak v Everett(1876) 1 QBD 669 applied.
  • HCMP 1285/2015, 21 August 2015, acted for beneficiaries of an estate to apply for leave to appeal out of time in relation to the disposal of a distressed property in PRC which is worth more than US$700 million (led by Charles Manzoni QC SC).
  • HCA 1257/2013, 31 July 2015, acted for a co-guarantor to determine whether an amendment of order under the slip rule of RHC O.20 r.11 constitutes radical departure from the original meaning of the order.
  • HCA 1257/2013, 22 May 2015, acted for the beneficiaries of an estate to apply for leave to appeal against a receivership order granted by way of equitable execution under RHC O.51.
 
Wong Sze King and ors v Zheng Zhong Bin and ors, HCA 284/2014, application for stay of proceedings on the ground of forum non conveniens.
 
VoiceCyber Technologies (BVI) Co Ltd (suing as shareholder in VoiceCyber Technology (Hong Kong) Limited) v Leung Yu Keung Thomas and anor, HCMP 3291/2016, derivative action and application for removal of director and interim injunctive relief under ss. 729 and 730 of the Companies Ordinance (Cap. 622).
 
MCL Global Portfolios SPC Ltd – MCL Fortune Fund v Deson Technology Ltd and others (HCA 1926/2013), guarantee action against one of the founder of Tencent QQ.
 
Chow How Yeen Margaret & Ors v WEX Pharmaceuticals Inc. & Ors,HCA 537/2013, acted for a director of a subsidiary company in HK of a listed company in Canada, after which was privatized by CK Life Science (SEHK: 775).
 
Re Pacific Diamonds Order Ltd, HCCW 72/2015, acted for a creditor and to determine whether the existence of a charge over property justifies the court in not making the usual winding-up order.
 
李 超 明 對 天 傳 有 限 公 司 及 另 二 人, CACV 29/2015, application for security for costs in the Court of Appeal.
 
Advised and acted for a group of subsidiary companies of a listed company for a reduction of share capital of over $11 million under the s.59 of the old Companies Ordinance (Cap. 32).
 
Advised and appeared in court on insolvency and liquidation proceedings, appointment of receivers, winding-up petitions, injunction applications, jurisdictional challenge/conflict of laws under RHC O.12 r.8, other cross-border disputes, guarantee actions, security for costs, stay of execution, leave to appeal, tribunal appeals and matters within the Trustee Ordinance (Cap. 29).
 

Land/Property/T’so and T’ong           

Acted for the manager of a T’so in challenging the validity of a resolution passed in a general meeting under Chinese customary law.
 
Nam Ching Wun v Tsun Un Pawn Shop & Ors, HCA 2151/2008, represented the landlord against a claim of adverse possession in a 9 days trial and conducted deposition hearing under RHC O.39.
 
Lok Siu Fei v The Estate of Chung Wan Kung, Deceased, DCMP 1056/2015, represented the squatter in a claim of adverse possession.
 
Yeung Wai Tong v Wan Sin Kam Ying, the Administratrix of Wan Chung, deceased, acted for the squatter in a claim of adverse possession.
 
Chan Man Yu and anor v Wong Sau King and others, DCCJ 3532/2016, whether donation mortis causa applies when it is not in contemplation of the donor’s death; whether equitable interest in land can be created or disposed of without any written instruments under ss. 5 and 6 of the Conveyancing and Property Ordinance (Cap. 219).
 
Acted for the administrator of the late Mr Li Po Chun to defend against 2 actions of adverse possession.
 
Advising and/or appeared in various land or property cases, including actions of adverse possession (both landlord and squatter), conveyancing, landlord and tenant matters, building management matters and VP Summons.

 

Family and Probate

Lau Yue Kui and others v Philip Chan & Co (A Firm), CFI and CA,acted for the administrator of an estate of over $1 billion in contentious and non-contentious matters.
 
LCKLM née CKLM v LWK, CACV 186/2016, FCMC 11425/2011, acting for a petitioner on disposition of matrimonial assets of more than $800 million.  Application for mandatory quia timet injunction; whether a consent order can be varied by the court in a matrimonial financial relief context by way of “liberty to apply” or the slip rule (led by Audrey Eu SC).
 
Re Estate of CKS, acting for the beneficiaries to seek declaration from the Court that a will was revoked and the deceased’ estate falls to be distributed on the basis of total intestacy.
 
Acted for the beneficiaries of an estate to sue the executor for damages and breach of fiduciary duties in the course of administration of assets which is worth more than US$700 million.
 
Advised and appeared in court in relation to Beddoe orders and other applications in administration under RHC O.76 and O.85 and the Probate and Administration Ordinance (Cap. 10).
 

Arbitration Related Matters

Wingtech Group (Hongkong) Limited v Tat Chun Printed Circuit Board Company Limited, CACV 223/2014, whether an arbitration agreement has any application to the issue as contained in an arbitration award, which is liable to be set aside (led by Chan Chi Hung SC).
 
Wingtech Group (Hongkong) Limited v Tat Chun Printed Circuit Board Company Limited, HCCT 33/2013, application under s.92 of the Arbitration Ordinance (Cap. 609) and RHC O.73 for the recognition and enforcement of Mainland arbitral award in Hong Kong; first case in Hong Kong that laid down the test for granting leave to appeal against a decision of the court which granted leave to enforce a Mainland award under s. 84(3) of the Arbitration Ordinance.
 
Advised on various actions for enforcing/setting aside arbitral awards.
 

Immigration Matters

Acted for a pregnant Mainland woman for an interim injunction under RHC O.53 r.3(10)(b), leave to judicial review against the Director of Immigration’s decision in refusing to land and to remove the pregnant woman; application for bail pending the hearing of the judicial review (led by Philip Dykes SC).