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Case 1 - Huen Ho Yin, Kenneth, Partner (Conveyancing Litigation)

Case 2 - Huen Yuen Fun, Wendy, Partner (Incorporated Owners Issue)

Case 3 - Mok Hon Kwong, Thomas, Senior Associate (Corporate & Commercial Issue)

Case 4 - Cheung Wai Chung, Humphrey, Partner (Civil Litigation)

Case 5 - Cheung Wai Chung, Humphrey, Partner (Civil Litigation) 

Case 6 - Cheung Wai Chung, Humphrey, Partner (Construction Litigation) 

Case 7 - Huen Yuen Fun, Wendy, Partner (Personal Injury)

Case 8 - Huen Yuen Fun, Wendy, Partner (Personal Injury) 

 

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Huen Ho Yin, Kenneth, Partner

 

Expertise

Conveyancing Litigation, Civil and Criminal Litigation, Financial Issues

Case Study 1

Client:               Mr. Lee

Case Nature:     Conveyancing matter

 

I wished to purchase an apartment in Pok Fu Lam and I got one through an estate agent. However, I received a notice from the management of that building after signing the provisional sale and purchase agreement. The notice was about the repair fee of a dangerous slope nearby which was issued by the Building Department. Since this notice was issued one day before the signing date of the provisional sale and purchase agreement, I assumed that this would be the responsibility of the vendor. I was told late that the vendor refused to pay this because I already purchased the property.

 

Under the circumstances, I appointed Huen & Partners (HP) to act for me in solving this conveyancing problem. After careful consideration of my case, HP found that the estate agent was in dereliction of duty as the agent should have provided the most updated land search of property from the Land Registry in confirming all the details of the property I purchased. In fact, the agent had not requested the vendor to provide any basic information of my property, even though the law required this. The search provided by the agent was also not the latest one, so could not confirm the title's integrity.

 

During the negotiation leading up to the signing of the provisional sale and purchase agreement, I did not know about the maintenance of the dangerous slope nearby his building. Most importantly, there were no additional terms stating that the repair fee of that dangerous slope was my responsible. Hence, the responsibility should be borne by the agent due to his negligence. With this effect on title, HP suggested that I cancel the transaction as the vendor failed to prove good title. For this reason, I would not need to give any compensation to the vendor.

 

Nevertheless, as the price of that apartment met my budget, and the vendor was afraid of missing this chance, after negotiation through HP, the vendor was willing to pay the repair fee and the transaction went through. I was disappointed with the negligence made by the agent, and HP acted for me when I took legal action. The judgment was against the agent and I did not need to pay any commission for this conveyancing matter to the agent.

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Huen Yuen Fun, Wendy, Partner

 

Expertise

Incorporated Owners Issues, Personal Injuries, Civil and Criminal Litigation

Case Study 2

Client:               A new committee of an Incorporated Owners of Tuen Mun

Case Nature:     Formation of new Incorporated Owners and related disputes

 

We are a new committee of Incorporated Owners of Tuen Mun, and were going to establish six months ago. During the annual meeting for this announcement, most of the owners queried the financial report of the last fiscal year. However, the previous committee insisted that that was the real figure, and they were not willing to explain it further. Because of this problem, the new committee could not be inaugurated.

 

Having regard to this issue, we sought legal advice from Huen & Partners (HP). After studying the case, HP first referred the issue to an in-house accountant for checking the financial report of our Incorporated Owners. It was found that some of the figures in it were wrongly presented. HP then contacted the previous committee for clarification, and eventually a modified financial report was prepared.

 

Based on this information, we called for another meeting with all registered owners. At our invitation, Ms. Wendy Huen and the accountant joined this meeting and dealt with every legal enquiry. Through explaining every detail regarding the financial report, the argument was finally settled.

 

To avoid any future disputes, HP gave advice on the normal practice of Incorporated Owners to us, such as management method and financial control based on the provisions of the relevant statutory requirements. At last, we, representing the new committee, were established smoothly.

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Mok Hon Kwong, Thomas, Senior Associate 

Expertise  

Civil and Commercial Litigation in commercial contract disputes, import or export disputes

Case Study 3

Client:                       Mr. Wong

Case Nature:             Formation of company

 

Being the owner of a limited company, I desired to set up a subsidiary for my business expansion. I set up my subsidiary through Huen & Partners (HP). Through several meetings with HP, I got a clear picture that a company set up is not a routine and simple matter like buying it from a secretarial company or an accountant.

 

Other than the normal registration process, HP drafted a customised Memorandum and Articles of Association (M&A) for my new subsidiary, based on my needs and interests. In fact, there is a lot of tricks in the M&A which the standard one does not provide for when there is dispute. Finally, my new subsidiary was successfully established with all protective terms in the M&A, ensuring future disputes and the corresponding losses can be minimized.

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Cheung Wai Chung, Humphrey, Partner

 

Expertise

Civil Litigation, Family matters, Equal Opportunity issues, Insolvency Services

Case Study 4

Client:              Mr. Siu and Mr. Law

Case Nature:     Shareholder dispute

 

We intended to invest in a restaurant through a shelf company (the defendant). Being the joint applicants for subscription of shares in the defendant, we sought to withdraw the application and claimed the return of an initial deposit. The defendant contested that we were not entitled to the return of the installment, and counterclaimed for the outstanding installments.

 

Regarding this case, we appointed Ms. Teresa Ki to act for us, and gave to her all relevant documents. By consolidating and presenting all the supporting evidence in detail within a short period, Ms. Ki pointed out that the said case was found against any binding contract. Through emphasizing this point, the judge announced the application could be withdrawn and the payment of subscription of shares should be returned to us. As a result, the counterclaim requested from the defendant was dismissed.

 

The defendant then appealed the judgment of the Deputy High Court Judge. After hearing the appellant and based on the strong evidence previously prepared, the appeal was dismissed by the Court of Appeal.

 

Judgment was entered for us with interest, and we could finally get back our initial deposit and the application could be withdrawn.

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Cheung Wai Chung, Humphrey, Partner

Expertise

Civil Litigation, Family matters, Equal Opportunity issues, Insolvency Services

 

Case Study 5

Client:               Printing Factory

Case Nature:     Supplier dispute

 

We instructed a company (defendant) to import a second hand printing machine to Mainland China. The defendant then sub-contracted this work to a third party. However, the third party used false documents that involved one of the defendants employees.

 

As this was a criminal case in Mainland China, the China Government charged us for related tax, and the sub-contractor as well as the defendant were penalized and jailed.

 

We were extremely dissatisfied with this result. Hence, we sued the other side through Huen & Partners (HP). Since the purchasing contract was signed in Hong Kong, HP helped us request the claims to cover our loss, including the machine fee and tax penalty, through civil litigation in Hong Kong.

 

After studying the whole case and preparing sufficient supporting documents, HP pointed out that the corresponding liability should be borne by the defendant. Moreover, we were urged to force the defendants employee to be a witness for this case.

 

Finally, the judgment was awarded against the defendant and we could get reimbursement for all our losses.

 

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Cheung Wai Chung, Humphrey, Partner

 

Expertise

Building, Construction and Engineering laws, Land and Property-related matters, Arbitration and Mediation

 

Case study 6

Client:              A construction company main contractor

Case Nature:     Construction dispute

 

In a Government construction project, the sub-contractor suspended part of the work and failed to proceed regularly and diligently with the work.  The worst situation was that the sub-contractors directed labour to block the entrance of the site so that the other operations under this project were seriously affected.

 

Being the main contractor, we seriously suffered from this situation and finally sought for legal and construction advice from Mr. Humphrey Cheung, who well prepared all documentation for the sake of determining of the employment of the sub-contractor in order to protect the full interests of us.  An injunction order was also applied for and granted by the Court in respect of the blockage of the site, so we would not suffer from any liquidated damages to be imposed by the government.

 

Finally, a civil action against the sub-contractor for loss and damages was commenced. The judgment was entered against the sub-contractor, and the practical completion certificate was finally issued before the date of the completion for this project.

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Huen Yuen Fun, Wendy, Partner

 

Expertise

Personal Injuries, Civil and Criminal Litigation

 

Case Study 7

Client:               Mr. Chan and Mrs. Chan

Case Nature:     Compensation issue from accident

 

We took the KCRC train from Shenzhen to Hong Kong. When we got off the train in Hong Kong, my wife was hit on her head by a voltmeter hanging on the platform. She was wounded along with other passengers. We were not aware of any damage to my wife at the time of the incident. After a certain period of time, she found that her head was hurt and sought compensation from the KCRC. The reply from KCRC was that they did not have a voltmeter exposed to the public which may cause danger to their passengers. Therefore, they rejected our claim.

 

We then requested Huen & Partners (HP) to act for my wife in substantiating our claim. After collecting all the information, HP sent a staff member to take photos from the platform. It showed that there was an existing voltmeter hanging on the wall of the platform. The height was also easily reached, and there was no warning signage nearby.

 

By presenting such evidence in showing that KCRC should bear the liability, this case was finally settled. My wife finally received compensation.

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Huen Yuen Fun, Wendy, Partner

 

Expertise

Personal Injuries, Civil and Criminal Litigation

 

Case Study 8

Client:              An engineering company the employer

Case Nature:     Working accident

 

We employed a group of workers for a construction project. During the work, one of the workers had a bodily injury arising from an accident. The worker sought compensation from us. Though we had purchased employees compensation insurance for each worker, the insurer disclaimed its liability in this case.

 

We were let down by this result and retained Huen & Partners (HP) to act for us. After handling this case, HP dealt with the insurer for details. Through a series of investigations and negotiations about the case with the insurer, the insurer finally took over the case for the insured.

 

Other than legal advice, HP also gave advice to our management on working systems and potential criminal and civil liabilities resulting from the accident. This really helped us in facilitating the whole working progress and avoiding future liability, as well as saving operational cost for our company.

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