Recent experience
Examples of recent successes in a number of Court of Final Appeal, Court of Appeal, High Court, District Court and Lands Tribunal actions and Magistracy prosecutions:
- Mega Success Resources Ltd v Octagon Enterprise Ltd and others (2011) – successfully obtained on behalf of the Defendant a stay of a High Court action in Hong Kong for arbitration to be held in London. An allegation of fraud was raised in this case.
- Zurich Insurance Ltd v Cheung Hung Fat (2011) – successfully defended the insurer against a claim by an employee direct under s.44 of the Employees’ Compensation Ordinance on the ground that the policy is not a “policy in force”.
- Si Wing Yi Sibly v Breton Industrial Ltd (2010) – successfully dismissed an Employees’ Compensation claim on the basis that the death of an employee who died of an unknown cause in the course of work did not arise out of employment.
- Power Color Scanning & Lithographics Co Ltd v Kam Kong Food Factory (a firm) (2010) - successful recovery on subrogation of a water damage claim resisted by the Defendant on the basis of contributory negligence by the Plaintiff.
- Lam Charn Yung v AXA China Region Insurance Co (Bermuda) Ltd (2007) - successfully defended a claim by a life insurance policy holder on the ground of material non-disclosure.
- Malaysian Airlines v Joshua Ong (2007) – successfully dismissed the Plaintiff’s personal injury claim against Malaysian Airlines. The case involved the issue of jurisdiction and the applicability of the Amended Warsaw Convention.
- Jerry Chen v Whirlpool (Hong Kong) Ltd (2007) - successfully defended a HK$30 million personal injury claim against Whirlpool (Hong Kong) Ltd by its ex-Commercial Director who was injured while working in Beijing. The case involved the issue of employer’s duty of care, agency and vicarious liability. The Plaintiff’s appeal was dismissed by the Court of Final Appeal.
- Oi Kwan Fast Food Shop v Wong Hon Pik (2007) – successfully dismissed the Plaintiff’s personal injury action on the ground that there is no good reason to extend the validity of the Plaintiff’s writ.
- 2C Company Limited v Standard Guard Services Limited (2006) - successfully defended a trading company’s contractual claim against a security services company.
- Ma Chung Lam & Another v Citybase Property Management Ltd (2006) - successfully defended a property owner’s claim for water damage against the management company.
- Chiang Wing Nin v ISS Servisystem (HK) Ltd (2005) - successfully defended an Employees’ Compensation liability claim and 2 Personal Injury claims by a notorious “professional” claimant well known among insurers.
- Kam Wai Ming v MTR Corp Ltd & CNIM - Hong Kong Ltd (2003) - successfully defended Mass Transit Railway Corporation’s escalator maintenance contractor CNIM against a claim by a passenger who fell from an escalator when it suddenly stopped. This has become the leading precedent case in Hong Kong.
- Lam Wai Chi v Project Concern Hong Kong (2003) - successfully defended a claim against Project Concern Hong Kong by a nurse who was injured while lifting a load with 2 colleagues.
- HKSAR v Powerkontrol Australia Ltd. (2003) - successfully defended a Labour Department prosecution against Powerkontrol involving a serious explosion in an electricity circuit room in a TVB studio.
- HKSAR v Li Chung Hung trading as Tak Hing Restaurant (2003) - successfully defended a Labour Department prosecution involving a food grinding machine.