Gilt Chambers

Lut Chi Au and Griffith Cheng appeared for the successful Respondent in the Court of Final Appeal case of Lui Ming Lok v Ng Im Fong Loretta, the executrix of the estate of Lui Kwan Cheung [2024] HKCFA 21, which concerns the question of whether mental incapacity suffered by a party to the marriage at the time of its celebration is capable of rendering the marriage void, or whether it is only capable of rendering it voidable under the Matrimonial Causes Ordinance (Cap. 179). Click to see more: https://lnkd.in/gMMdHcfS Full judgment is available at: https://lnkd.in/g7YJJSDn

Lut Chi Au and Anthony Wong updated the recently published Current Service Issue 133 of Halsbury’s Laws of Hong Kong on Equity. LC was called to the Bar in 2013. He established a civil practice on probate, land disputes, commercial litigation, and personal injury matters. Anthony was called to the Bar in 2023. Anthony is developing a broad civil and criminal practice, and accepts instructions in all areas of Chambers’ work. He is an Associate of the Hong Kong Institute of Arbitrators, and is also developing a practice in alternative dispute resolution.

On July 16, 2024, a delegation of PRC legal professionals from Shenzhen, led by the Shenzhen Law Society, paid a visit to Gilt Chambers. Our members warmly welcomed the esteemed guests and actively participated in open discussions covering a wide range of topics that are of mutual interest to all parties involved. We are grateful for the opportunity to engage in such fruitful and meaningful conversations with our distinguished guests. The exchange proved to be highly beneficial for both parties, laying a strong groundwork for future cooperation. 深圳市法學會粵港澳大灣區法治建設青年研究會一行10多位理事及會員於2024年7月16日蒞臨香港金葉大律師事務所訪問交流，金葉有8位成員在場迎接和參與了歷時兩個多小時的座談會，大家對多個主題交流了一些有益經驗和觀點，氣氛活躍，交流愉快，為雙方的進一步交流合作建立了良好基礎。 See further: https://lnkd.in/gxqK9biB

In Bowers v Marbury Ridge Limited [2024] HKCA 640, the Court of Appeal held that, where the debt underlying a statutory demand, was a debt founded upon a signed loan agreement which consolidates previous indebtedness of the debtor, the doctrine of contractual estoppel precludes the debtor from challenging that part of the previous indebtedness which contained unenforceable penalty interest. The Court of Appeal ruled in favour of the Respondent, and upheld the Court of First Instance’s decision not to set aside the statutory demand. The Respondent was represented by 伍乐恒Felix Ng in both the Court of Appeal and in the court below (Bowers v Marbury Ridge Limited [2023] HKCFI 8). Click the link to see more.

Chambers congratulates our member Professor the Honourable Leung Mei-fun, Priscilla, SBS, JP, who has been awarded the Gold Bauhinia Star in recognition of her exemplary contributions to Hong Kong SAR. Click to see more: https://lnkd.in/gDuzWMwZ

Hong Kong Institute of Directors- Directors of the Year Awards 2024 https://lnkd.in/gzFYkwiE https://lnkd.in/gqRNTtm4

In Purple Surgical UK Ltd v Win Billion Investment Group Ltd [2024] HKCFI 1643, the High Court of Hong Kong held that the seller had engaged in fraud with respect to a US$27 million contract for the sale of medical products during the Covid pandemic. Nick Luxton led by Rachel Lam SC, and instructed by Stephenson Harwood, acted for the plaintiff buyer, who obtained judgment against the seller and its sole director based in Hong Kong. Click the link to see more.

Lut Chi Au and Anthony Wong, instructed by Messrs. Tsang, Chan & Woo, acted for the Plaintiff in Valsalan Ivy Vimala v Castka Richard Patrick Josef & Castka Gillian Hancer [2024] HKCFI 912, and obtained an order to demolish the fence in a boundary dispute of land in the New Territories.   At issue was whether the floor tiles of the two lots can be a feature to re-establish the common boundary and hence any encroachment. The Court found that the laying out of the tiles cannot be regarded reliable evidence that survey work was done or the work was done accurately. The Supplementary Report submitted by the Defendant’s expert, which sought to establish a boundary different from the Joint Expert Report, was hence rejected.   Special thanks to Stanley Lam for handling the case.   Click the link to read the judgment dated 28 March 2024 by Deputy High Court Judge Reyes SC: https://lnkd.in/ga_XXM64.   Click the link below to read an article about the case.

伍乐恒Felix Ng published an article to critically review how the common law has coped so far, in giving effect to property rights in cryptocurrency for civil fraud cases. He gives an analysis on (1) how misdiverted cryptocurrency can be traced into crypto-exchange platforms; and (2) how should the governing law (lex situs) for cryptoassets be determined. The full article can be read here:- https://lnkd.in/gJhvJSTz The citation of the article is:- F Ng, “Blockchain, Cryptocurrency and Asset Recovery Litigation For Web 3.0 Hong Kong”, Hong Kong Lawyer (Thomson Reuters, March 2024), at pp 52-60.