Case Studies

Ho Yin, Kenneth, Partner

Expertise

Conveyancing Litigation, Civil and Criminal Litigation, Financial Issues, Conveyancing Matters, Insolvency Services

Client: Mr. Lee

Case Nature: Conveyancing matter

I liked to purchase an apartment in Pok Fu Lam and I got the 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 provisional sale and purchase agreement, therefore, 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 this circumstance, 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 provide the most updated land search of property from Land Registry in confirming all the details of that property. In fact, the agent had not requested the vendor to provide any basic information of my property while the same was required by the law. The search provided from the agent was also not the latest one which could not confirm the title!|s integrity.

During the negotiation leading up to the signing of provisional sale and purchase agreement, I did not know about the maintenance matters of the dangerous slope nearby his building. Most importantly, there were no additional terms stating that the repair fee of that dangerous slope was responsible by me, hence, the responsibility should be borne by the agent due to his negligence. With this effect on title, HP suggested me to cancel the transaction as vendor failed to prove good title. For this reason, I did 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 the negotiation through HP, the vendor was willing to pay the repair fee and the transaction was gone through. I was disappointed with the negligence made by the agent, HP acted for me to take the legal action. The judgment was against the agent and I do not need to pay any commission for this conveyancing matter to the agent.

Huen Yuen Fun, Wendy, Partner

Expertise

Incorporated Owners Issues, Personal Injuries, Civil and Criminal Litigation, Building Management Matters, Conveyancing Matters, Family Matters, Insolvency Services

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 an Incorporated Owners of Tuen Mun and were going to establish half year ago. During the annual meeting for this announcement, most of the owners queried about the financial report of last fiscal year, however, the previous committee insisted that that was the real figure and they were not willing to explain any more. Because of this problem, the new committee cannot be inaugurated.

Having regard to this issue, we sought legal advice from Huen & Partners (HP). After studying the case, HP fist referred 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 these data, we had called for another meeting with all registered owners. Ms. Wendy Huen and the accountant had joined this meeting in dealing with every legal enquiry. Through explaining every detail regarding the financial report, the argument was finally settled.

To avoid any future disputes, HP also 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 then established smoothly.

Huen Yuen Fun, Wendy, Partner

Expertise

Personal Injuries, Building Management Matters, Civil and Criminal Litigation, Conveyancing Matters, Family Matters, Insolvency Services

Client:               Mr. Chan and Mrs. Chan

Case Nature:     Compensation issue from accident

We took KCRC train from ShenZhen to Hong Kong. When we took off the train, my wife got a hit on her head by a voltmeter hanging on the platform as the platform was wounded with other passengers. My wife was unconscious about this injury at that time. After a certain period of time, She found that her head was still hurt and then sought compensation from KCRC, the reply form KCRC was that they did not have voltmeter exposing to the public which may cause danger to their passengers. Therefore, they rejected such claims.

We then requested Huen & Partners (HP) to act for my wife in substantiating such claim. After collecting all information, HP sent a staff 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 where 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 got the compensation at last.

Huen Yuen Fun, Wendy, Partner

Expertise

Personal Injuries, Building Management Matters, Civil and Criminal Litigation, Conveyancing Matters, Family Matters, Insolvency Services

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 out from an accident. The worker then sought for 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 then found Huen & Partners (HP) to act for us. After handling this case, HP dealt with the insurer for details. Through a series of investigation and negotiation about the case with the insurer, the insurer finally took over the case for the insured.

Other than legal advices, HP also gave advices to our management level on working system, potential criminal and civil liabilities resulted 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.

Huen & Partners Solicitor

Expertise  

Civil and Commercial Litigation in commercial contract disputes

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 then 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 as buying it from a secretarial company or an accountant.

Other than the normal registration process, HP drafted a tailor-made Memorandum and Articles of Association (M & A) for my new subsidiary basing on my needs and interests. In fact, there are a lot of tricks in M & A which the standard one does not provide when there is dispute. Finally, I had set up my new subsidiary successfully with all protective terms in the M & A in which disputes and the corresponding loss can be minimized in the future.

Huen & Partners Solicitor

Expertise

Civil Litigation

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 share 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 return of the installment, and counterclaimed the outstanding installments.

Regarding this case, we appointed Ms. Teresa Ki to act for us and passed all relevant documents to Ms. Ki. By consolidating and presenting all supporting evidence in details within a short period of time, 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 also dismissed.

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

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

Huen & Partners Solicitor

Expertise

Civil Litigation

Client:               Printing Factory

Case Nature:     Supplier dispute

We instructed a company (defendant) to import second hand printing machine to Mainland China. Defendant then sub-contracted to a third party; however, the third party used false documents which involved one of the defendant’s employees.

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

We were highly unsatisfactory with this result; and hence, we sued the other side through Huen & Partners (HP). Since the purchasing contract was signed in Hong Kong, therefore, 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 even urged to force defendant’s employee as the witness for this case.

At last, the judgment was against the defendant and we could get the reimbursement for all our loss.

Huen & Partners Solicitor

Expertise

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

Client:              A construction company – main contractor

Case Nature:     Construction dispute

In a Government construction project, the sub-contractor suspended part of the works and failed to proceed regularly and diligently with the works.  The worst situation was that the sub-contractors even 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 the documentations for the sake of determination of the employment of sub-contractor in order to protect the full interests of us.  Injunction order was also applied and granted from the Court in respect of the blockage of the site so that 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.