Commercial litigation

• AFH Hong Kong Stores, Limited: Acting for the subsidiary of Abercrombie & Fitch Co in High Court actions against its former landlord for recovery of rental deposit of over HK$40 million following early determination of a lease for its four-storey flagship store in Pedder Building, Central. Resisting the landlord’s counterclaim for costs of restoring the premises to its original layout and damages for loss of rental income.
• Changchun High & New Technology Industries Development Parent Company: Representing the Chinese-SOE and two of its general managers in defending a High Court action brought by a former chairman and majority shareholder of a Hong Kong listed company, who alleged that the defendants had conspired to deprive him of his 54.8% interests in the listed company when he was held in custody in the PRC.  Various allegations of use of fraudulent schemes and forged documents were raised and pleaded. 
• Lane Xang Minerals Limited: Representing the subsidiary of Chifeng Jilong Gold Mining Co., Ltd. (SHSE:600988) in pursuing a claim against Qingdao Guolin Environmental Technology Co., Ltd (SZSE:300786) for supply of defective oxygen compressors, which caused an explosion and subsequent fire at an open-pit gold and copper mine in Sepon, Laos that is owned and operated by the subsidiary. Client’s losses are estimated to around US$46 million.
• Re New Bright International Development Limited: Acting for the 70% shareholder of the company in defending an unfair prejudice petition (and six other satellite proceedings) issued by the other 30% shareholder, on the basis that there existed an oral cooperation agreement that allegedly entitles her to equal participation in the management of the company and its subsidiaries. The company holds a vast network of subsidiaries carrying on multinational business and holding interests in joint ventures with an Angolan state owned oil company.
• A wind power facilities builder: Applying for an urgent interlocutory injunction to restrain a Hong Kong bank from paying under an unconditional on-demand bank guarantee issued by it and to restrain the client’s counterpart from seeking payment under the bank guarantee pending determination by an arbitration of the parties’ disputes.

Insolvency

• Re BGA Holdings Limited: Advising and acting for the company’s minority shareholder on recovery of its US$36 million shareholder’s loan and investigation of questionable transfers of major assets of the company arranged by its former management, including the disposal of the company’s dry bulk trading/chartering businesses and two operating vessels. Successfully obtained four favourable decisions from the Hong Kong Court, putting the company into compulsory liquidation and procuring the appointment of liquidators of the shareholder’s choice.
• Liquidators of a Hong Kong recruitment agency: Acting for the agency, under instructions of its liquidators, in pursuing High Court action against its former directors and their corporate vehicles on grounds of breach of trust and diversion of company’s business, revenue and funds that were either unaccounted for or used to acquire landed properties. Amount claimed exceeded HK$40 million.
• Re Ozner Water International Limited: Advising an associated group of creditors in relation to the restructuring of Ozner Water International Limited (2014.HK) that involves a creditors’ scheme of arrangement.

Arbitration

• A Switzerland-based energy storage batteries developer: Pursuing claims for the client in a HKIAC arbitration against a Chinese SOE for breaches of Swiss-law governed share purchase agreements. Defending the Chinese SOE’s jurisdictional challenge on the alleged grounds that the arbitration agreements were entered into by means of coercion/fraud and their performance is contrary to the social and public interests of the PRC.
• A Chinese smartphone manufacturer: Defending the client in an ICC arbitration seated in Hong Kong commenced by a global AI software company based in Norway. The dispute centred on the payment terms of the fees of the software company for licensing its software for installation in several models of the client’s smartphones.

Employment

• A U.S. aviation company: Advising the company on the closing of its Hong Kong operations and relocation of its Asian headquarters to Singapore, including redundancy of staff in Hong Kong, early termination of its lease for its office premises and de-registration of its Hong Kong subsidiary.
• A foreign Consulate: Advising the Consulate on its disciplinary actions against employees who are suspected of overtime pay fraud.
• A Hong Kong licensed bank: Defending the bank in District Court proceedings brought a former employee for alleged discrimination on ground of disability.
• A Korea-based tobacco company: Advising on enforceability of restrictive covenants in the existing employment contract of an intended hire from competitor.
• A U.S. digital solutions provider: Advising on a wide range of employment-related matters on ad hoc basis, including termination of underperforming employees, processing of employees’ personal data, and implementation of work-from-home arrangements.

Investigations

• A Canada-based bank: Advising the bank on investigation by the Hong Kong Monetary Authority on alleged mis-selling of equity-linked notes to its former customers.