Au Lut Chi

TRUST, PROBATE, FAMILY AND ASSET RECOVERY

LAU WAI KWONG V LAU CHEUNG KAM LING MARGARET NÉE CHEUNG, KAM LING MARGARET [2023] 4 HKC 189, SUCCESSFULLY OBTAINED JUDGMENT AFTER TRIAL OPPOSING RECTIFICATION OF A CONSENT ORDER IN A BIG MONEY CASE BASED ON THE DOCTRINE OF MISTAKE.

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.

RE ESTATE OF LI PO CHUN (李寶椿), ACTED FOR THE ADMINISTRATOR OF THE ESTATE OF LI PO CHUN IN CONTENTIOUS AND NON-CONTENTIOUS MATTERS.

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.

RE ESTATE OF LAU FAT CHOI, HCMP 1684/2020, 4 DAYS TRIAL FOR THE REMOVAL OF EXECUTOR ON THE GROUND OF UNDUE DELAY OF DISTRIBUTION OF ESTATE OF $35 MILLION.

RE ESTATE OF CKS, DECLARATION FROM THE COURT THAT A WILL WAS REVOKED AND THE DECEASED’ ESTATE FALLS TO BE DISTRIBUTED ON THE BASIS OF TOTAL INTESTACY UNDER O.76.

RE ESTATE OF WS, REMOVAL OF EXECUTOR AND DISTRIBUTION OF ASSETS OF AN ESTATE OF OVER $750 MILLION UNDER S. 33 OF THE PROBATE AND ADMINISTRATION ORDINANCE (CAP. 10) AND O.85.

DL V LPQ, APPLICATION TO DECLARE THE VALIDITY OF THE WILL AND THE GRANT OF PROBATE IN ITS SOLEMN FORM AND THE TESTATOR HAS NO TESTAMENTARY CAPACITY IN THE MAKING OF A SUBSEQUENT WILL.

ACTED FOR THE BENEFICIARIES OF AN ESTATE TO SUE THE EXECUTOR FOR DAMAGES AND BREACH OF FIDUCIARY DUTIES DURING 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, THE PROBATE AND ADMINISTRATION ORDINANCE (CAP. 10), THE INTESTATE ESTATE ORDINANCE (CAP. 73) AND THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE (CAP. 481).

CONCRETE WATERPROOFING MANUFACTURING PTY. LTD V. CHANGXUAN CO., LTD [2020] 4 HKLRD 166; [2020] 5 HKC 137, ASSETS OBTAINED BY FRAUD, EQUITY IMPOSES A CONSTRUCTIVE TRUST ON THE FRAUDULENT RECIPIENT SO THAT THE PROPERTY IS RECOVERABLE AND TRACEABLE IN EQUITY.  PROPER CONSTRUCTION OF S.52 OF THE TRUSTEE ORDINANCE (CAP. 29) FOR AN APPLICATION OF VESTING ORDER.

ADVISED VARIOUS ACTIONS OF RESULTING TRUST AND COMMON INTENTION CONSTRUCTIVE TRUST WHICH INVOLVE THAT INVOLVED THIRD PARTY INTEREST.

LAND/PROPERTY/T’SO AND T’ONG

ADVISED AND/OR APPEARED IN VARIOUS LAND AND PROPERTY CASES INVOLVING TRUST, VALIDITY OF DEED OF TRUSTS, THE PARTITION ORDINANCE (CAP. 352) AND ORDER FOR SALE, ACTIONS OF ADVERSE POSSESSION (BOTH LANDLORD AND SQUATTER), CONVEYANCING, LANDLORD AND TENANT MATTERS, THE INCORPORATED OWNERS, DMCS, BUILDING MANAGEMENT MATTERS AND EASEMENT.

ACTED FOR THE ADMINISTRATOR OF THE LATE MR LI PO CHUN (李寶椿) TO DEFEND AGAINST 2 ACTIONS OF ADVERSE POSSESSION.

ACTED FOR THE MANAGERS OF T’SO IN CHALLENGING THE VALIDITY OF A RESOLUTION PASSED IN A GENERAL MEETING UNDER CHINESE CUSTOMARY LAW. 

MAK SING YAN ERIC V MAK SHING YAN, DCMP 3069/2021, NATURE OF UNDERLEASES OF HONG LEE COURT, WHETHER TITLE IS DERIVED FROM THE FINANCIAL SECRETARY INCORPORATED OR THE LEGAL LEASEHOLDER.  CONTRACTUAL LICENSE, ESTOPPEL, COMMON INTENTION CONSTRUCTIVE TRUST AND PALLANT V MORGAN EQUITY. 

CHAN MAN YU AND ANOR V WONG SAU KING AND OTHERS, DCCJ 3532/2016, WHETHER DONATIO 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). 

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 A SQUATTER IN OBTAINING POSSESSORY TITLE OF A PROPERTY THROUGH ADVERSE POSSESSION.

LO SHU CHUN V PUN TAM SUI KING, DCMP 1467/2018, REPRESENTED A SQUATTER IN OBTAINING POSSESSORY TITLE OF A PROPERTY THROUGH ADVERSE POSSESSION. 

YEUNG WAI TONG V WAN SIN KAM YING, THE ADMINISTRATRIX OF WAN CHUNG, DECEASED, DCCJ 5443/2017, ACTED FOR A SQUATTER FOR ADVERSE POSSESSION.

VALSALAN IVY VIMALA V CASTKA RICHARD PATRICK JOSEF & CASTKA GILLIAN HANCER [2024] HKCFI 912, TRIAL IN DETERMINING LAND BOUNDARIES.

PERSONAL INJURY

EXTENSIVE EXPERIENCE IN EMPLOYEE’S COMPENSATION AND PERSONAL INJURY PROCEEDINGS FOR BOTH THE DEFENDANT INSURANCE COMPANIES AND THE PLAINTIFF VICTIMS.  CASES NATURE RANGES FROM SIMPLE SLIP AND FALL CASES TO VICTIMS IN VEGETATIVE STATE.

COMMERCIAL/COMPANY/GENERAL CIVIL

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).
• 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.
• 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.
• 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.

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.

RE LHT EXPRESS (HK) COMPANY LIMITED, HCMP 22/2019, APPLICATION UNDER S.122 OF THE THEN COMPANIES ORDINANCE (CAP. 32) AND S.610 OF THE COMPANIES ORDINANCE (CAP. 622).

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.

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.

MCL GLOBAL PORTFOLIOS SPC LTD – MCL FORTUNE FUND V DESON TECHNOLOGY LTD AND OTHERS (HCA 1926/2013), GUARANTEE ACTION AGAINST ONE OF THE FOUNDERS OF TENCENT QQ.

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).

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).

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, INTERVENER’S PROCEEDINGS, LEAVE TO APPEAL, TRIBUNAL APPEALS AND MATTERS WITHIN THE TRUSTEE ORDINANCE (CAP. 29).

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.

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.

COMPETITION LAW

OBTAINED COMMITMENT FOR CLIENT FOR BETTER COMPLIANCE WITH THE FIRST CONDUCT RULE UNDER THE COMPETITION ORDINANCE (CAP. 619)

DISCIPLINARY PROCEEDINGS/ADMINISTRATIVE TRIBUNALS/ JUDICIAL REVIEWS

LEGAL ADVISER TO THE FIRE SERVICES DEPARTMENT

ADVISED AND APPEARED AS COUNSEL FOR THE DEPARTMENT OF JUSTICE AND PROFESSIONALS IN DIFFERENT TRIBUNALS OR REGULATORY BODIES.

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.

4 September 2020, Webinar: Probate Webinar Series

19 October 2018, CPD Course: The Executor’s Dilemma: Resolving Probate Disputes with Court Guidance