Arbitration

Recent or notable assignments:

As tribunal

• Sole arbitrator in a construction arbitration between an Australian contractor and an HK sub-contractor – HKIAC Domestic Arbitration Rules.
• Sole arbitrator in a dispute arising from a failed investment in Iceland between a BVI / US party and a PRC party – HKIAC Administered Arbitration.
• Sole arbitrator in a sale of goods dispute between a UK party and an HK party – ICC Arbitration.
• Sole arbitrator in two related domestic HK construction disputes – ad hoc.
• Tribunal member in consolidated arbitrations between a Swiss corporation and an HK individual – HKIAC Administered Arbitration.
• Sole arbitrator in a domestic HK construction dispute – UNCITRAL Rules.
• Sole arbitrator in an HK building management dispute – HKIAC Administered Arbitration.
• Sole arbitrator in a sale of goods dispute between an Indian party and a Japanese party – ICC Arbitration.
• Tribunal member in an arbitration involving emissions trading between a PRC corporation and a German corporation – HKIAC Administered Arbitration.
• Sole arbitrator in a construction arbitration between an HK contractor and an Australian sub-contractor – HKIAC Domestic Arbitration Rules.
• Sole arbitrator in an arbitration involving a sales contract between a Polish corporation and an HK corporation – HKIAC Administered Arbitration.
• Sole arbitrator in an HK building management dispute – HKIAC DomesticArbitration Rules.

As other neutral

• Conducted about 20 mediations in commercial, banking and construction disputes.
• Often appointed by the court as examiner for depositions in HK, most recently for high-value litigation in Australia (Victoria), Canada (British Columbia) and the United States (Delaware, New York).

As counsel

• Counsel in an arbitration between a developer and a main contractor on an HK commercial development.
• Counsel in an arbitration for a public sector client defending a claim arising from the termination of a major infrastructure design services contract.
• Counsel in potential arbitration proceedings between shareholders in an HK investment advisory business.
• Counsel in an arbitration between a sub-contractor and a main contractor on a Macau casino development.
• Counsel in an arbitration between a U.S. talent agency and a Mainland PRC golf and property developer.
• Counsel in an arbitration between an Australian IT company and a Mainland PRC bank.
• Counsel in several arbitrations, and in an adjudication, between HK contractors and an HK public sector developer.
• Counsel in arbitral award enforcement proceedings between a U.S. energy company and an HK-based mining company.
• Counsel in arbitral award enforcement proceedings between a Mainland PRC developer and an HK-based developer.
• Counsel in an arbitration between an HK-based contractor and a project insurer.

Selected cases:

• AI & ors v LGII & anr [2023] 4 HKC 135 (arbitration; setting aside; scope of submission; adequacy of reasons; ability to present case; and public policy).
• ZPMC-Red Box Energy Services Ltd v Philip Geoffrey Adkins [2021] HKCFI 3501 (Commercial; joint venture; multi-party dispute; stay to arbitration).
• Post-judgment/award injunctions: listed US oil company (HCCT 3/2013), Xiamen Xinjingdi (HCCL 13/2011) (post-judgment/award injunctions).

Construction

In the construction sector:

• Advised and/or represented developers, contractors, sub-contractors, consultants, insurers & liquidators on the full range of multi-tier delay/disruption, defects, termination, quantum, insurance, collateral security & JV disputes and on associated stay/enforcement/appeal proceedings.
• Experience covers public & private sector civil engineering and commercial & residential building claims (adjudication, arbitration, CFI, CA).
• Since 2007, advised and appeared in 15+ substantial construction arbitrations or adjudications, in both the private and public sectors.
• Very active at the intersection of the construction sector and pure construction disputes with commercial litigation, arbitration and mediation; restructuring, insolvency and companies work; public and environmental law; and professional negligence and insurance.

Recent or notable construction engagements:

• Advice, submissions and representation for a public sector client defending a claim arising from the termination of a major infrastructure design services contract (arbitration).
• Advice on construction sector legislation for a public sector client.
• Advice and representation for a private developer on claims arising from termination, delay, defects and valuation (arbitration).
• Advice and pleadings for a fire safety contractor in respect of a claim following a major fire at a marine facility (litigation).
• Advising a European public sector client on procurement from HK under the WTO Government Procurement Agreement.
• Advising a public sector client on rights and obligations following the insolvency of a main contractor (litigation).
• Advising a private developer on an architectural services agreement for a building project.
• Advice, pleadings and representation for a specialist sub-contractor on a large Macau building project (arbitration).
• Advising a specialist contractor on completion obligations under a major public sector transport contract.
• Advising a sub-contractor on litigation proceedings under a major public sector transport contract.
• Advising a public sector client on contractual delay recovery provisions on infrastructure mega projects.
• Advice and pleadings for a public sector client on a highways dispute (arbitration).
• Advice, pleadings and submissions for a public sector client in a highways dispute (arbitration).
• Advice and representation for a public sector client in a civil engineering dispute (adjudication).
• Advice, pleadings and representation for a contractor on a public sector foundations work dispute (arbitration).
• Advice and representation for a developer on a private building dispute (litigation).
• Advice and representation for a public sector client in a building dispute (arbitration).
• Advice and representation for a contractor in a major building dispute (arbitration).
• Advice and representation for a public sector client on a major building dispute (adjudication).

Selected cases:

• Golden Way Engineering Development Ltd v GWP Engineering Ltd [2024] HKDC 32 (Stay to arbitration; construction).
• Xiamen Xinjingdi Group Ltd v Eton Properties Ltd [2012] HKCA 528, [2012] HKCFI 1759 (Post-trial injunction; construction; private international law; arbitration).
• Lead Traders Ltd v Lucky Land Enterprise Ltd [2012] HKCA 498, [2012] 4 HKLRD 612 (Appeal; compulsory acquisition).
• UDL Contracting Ltd v Apple Daily Printing Ltd [2008] 2 HKC 534 (Service of writ; default judgment; construction).
• Penta Ocean Construction Co. Ltd v CWF Piling & Engineering [2007] HKLRD 233 (Appeal; arbitration; construction).
• Hsin Chong Construction (Asia) Ltd v Henble Ltd (HCCT 23/2005) (Construction).
• Shiu Wing Steel Ltd v DoEP (2006) 9 HKCFAR 478 (CFA) (Judicial review; environmental law).
• United India Insce Co. Ltd v Hyundai Engineering & Construction Co. Ltd (HCCT 2/2005) (Appeal; arbitration; insurance; construction).
• Cosmic Insurance Co. Ltd v Prosperity Construction Co. Ltd (HCCT 39/2003) (Construction).
• Secan Ltd v Wong Ping Wai (HCCT 93/1999) (Trial; construction; professional negligence).
• Heerim Architects & Engineers Co. Ltd v Tom Ip & Partners (HCCT 73/2002) (Summary judgment; construction).
• Schindler Lifts (HK) Ltd v Ocean Joy Investments Ltd [2003] 1 HKC 438 (Summary judgment; construction),
• Malayan Banking Bhd v China Insurance Co. Ltd [2002] HKCFI 211 (Construction; further discovery).
• Wing Mou Construction Co. Ltd v Cosmic Insurance Co. Ltd (HCCT 48/1999) (Joinder of parties; liquidation; construction).
• Tridant Engineering Co. Ltd v Mansion Holdings Ltd [2001] 1 HKLRD 783 (Appeal; construction).
• SKK (HK) Co. Ltd v Ip Kin Keung (HCCT 22/2001) (Default judgment; construction)

Fraud and asset tracing

Recent or notable assignments:

• Sino Forest Corporation Litigation Trust v Chan (HCA 1696/2020, HCA 709/201 – claim value > C$3b);
• China Medical Technologies (HCA 3391/2016 – claim value > HK$4b);
• HK Zexin (HCA 3243/2016 – claim value > HK$1b);
• VTB Bank (HCMP 914/2014 – Russia, cross-border);
• China NTG (HCMP 1967/2012 – BVI, cross-border).

Selected cases:

• Transasia Private Capital Ltd v Cheng Yu [2022] HKCFI 1295 (Lis alibi pendens; setting aside default judgment).
• Amadeaus Investment Ltd v Lin Kao Kun [2019] 2 HKLRD 647 (Extension of writ; service out of jurisdiction).
• LoanDepot LLC v Yingcai Tech Ltd [2018] HKCFI 2172 (Trial; email fraud; bona fide purchaser for value without notice).
• Zhejiang Provincial Railway Investment International Trade Co., Ltd v HK Zexin Resources Co., Ltd [2017] HKCFI 1621 (Injunction; banker’s books application).
• Chan Su Chun v Dr Kung Yang Sum [2017] HKCFI 881 (Amendment; striking out; breach of statutory duty; conspiracy to defraud).
• Pacific King Shipping Holdings Pte Ltd v Huang [2015] 1 HKLRD 830 (Appeal; injunction; ancillary disclosure order).
• Yasmine (HCMP 1329/2014) (Criminal restraint order).
• Gold Access (HCMP 3142/2013) (Criminal restraint order).
• Kabushiki Kaisha Proje Holdings v King Power Group (HK) Ltd (HCA 350/2010) (Trial; breach of contract; investment consultancy agreement).
• Toggenburger v Luu (CACV 218/2012, HCA 815/2009) (Appeal; breach of contract; misrepresentation).

Employment

In employment disputes:

• Appeared in a wide range of employment cases (team moves, restrictive covenants, confidentiality), often arising from applications for urgent interlocutory relief.
• Clients include: Ashton Hawks, Richemont, HJ Innoxcell, McLarens, Rothschild, TFS Derivatives, Vistra, BTG.

Selected cases:

• Lam Siu Wai v Equal Opportunities Commission [2021] 5 HKLRD 30 (Employment; termination; implied duty of good faith).
• Ashton Hawks Ltd v Chan [2021] HKCFI 681, [2020] HKCFI 2769 (Employment; springboard injunction).
• McLarens HK Ltd v Poon Chi Fai Corey [2019] 3 HKLRD 403 (Employment; springboard injunction).
• Tang Yi v Edmond de Rothschild Asset Management HK Ltd [2018] HKCFI 1050 (Letters rogatory).
• Wilson International Trading Private Ltd v Cariappa (HCA 1798/2010) (Injunction; employment).
• New York Life Insurance Worldwide Ltd v Ho (DCCJ 3370/2005) (Summary judgment; employment).
• Hill v Ontarget Advisory Services Ltd (HCA 56/2007 and HCMP 2461/2006) (Legal professional privilege; costs).

Professional negligence

• First Asia Finance International Ltd v Tso Au Yim & Yeung [2017] 5 HKLRD 746 (Trial; professional negligence).
• Chan Shu Chun v Dr Kung Yan Sum (HCA 832/2014) (Amendment; striking out; breach of statutory duty; conspiracy to defraud).
• Grand Field Group Holdings Ltd v Tsang (No. 2) [2010] 4 HKLRD 487 (Solicitors’ liability for costs).
• Secan Ltd v Wong Ping Wai (HCCT 93/1999) (Trial; construction; professional negligence).

Regulatory, judicial review and planning

• Insurance regulatory: acted for directors and shareholder in HK insurance regulatory proceedings (2023).
• Marasinghe v Director-General of Civil Aviation [2022] HKCFI 2483 (Judicial review; leave; actual bias; apparent bias) [2019] 5 HKLRD 661 (Rolled up hearing).
• Lead Traders Ltd v Lucky Land Enterprise Ltd [2012] 4 HKLRD 612 (Appeal; compulsory acquisition).
• Woomera Co. Ltd v Commissioner for Transport (HCAL 146/2008) (Judicial review).
• Shiu Wing Steel Ltd v DoEP (2006) 9 HKCFAR 478 (CFA) (Judicial review; environmental law).

Companies, insolvency and bankruptcy

• Companies: HK Zexin (HCCW 348/2017), Dragon Spirits (HCCW 161/2017), Shrenuj (HCMP 1302/2016 – appointment of receiver), Primlaks (HCMP 1652/2015 – derivative action; rectification of register), Renco (HCCW 418/2011 – misfeasance).
• Bankruptcy: Chan Tung Yeung (HCSD 32/2014 – statutory demand by auction house), Lo Po Tong (HCA 431/2013 – transaction at undervalue), Eugene Kim (HCB 6290/2012 – joint venture dispute).
• Litigation funding: Sunlink (HCMP 91/2015), Berman (HCMP 1321/2010).
• Director’s disqualification, permission to work: CA Pacific (HCMP 203/2002).
• Schemes of arrangement: Wah Nam, Seapower Resources, I-China, Hung Mau, HK Pharmaceutical.

DIRECTORY QUOTATIONS

• “A highly-regarded senior junior, he is a good advocate and always very well-prepared.”
• “He is great with clients” and “very personable”.
• “Thomas is a responsive and seasoned arbitrator with extensive experience in construction disputes.” Thomas is “a thoughtful and considered arbitrator”.
• “Bright, practical and user-friendly, he rolls his sleeves up and gets stuck into, and masters, the detail. A pleasure to work with, and good with clients.”
• “Thomas is an able and impressive advocate as well as a hardworking and knowledgeable junior counsel.”
• “His vast experience is what sets him apart; he is an ideal “one-stop shop” for sizeable construction companies.”
• “An excellent and determined advocate, who presents his case in measured yet very clear terms.”
• “Thomas is very client focused, modern, and approachable.”
• “Thomas conducts meticulous oral advocacy and will not miss any points.”
• “In terms of client service and delivery rates, he’s extremely strong. With his modern service and ability to get on with clients and tribunals, he does very well.”
• “Thomas is versatile and intelligent: our go-to advocate in both complex commercial disputes and large-scale construction cases.”
• “He has the respect of the court here. He’s very good, very steady, very polished and very pragmatic on fees”.