JACKY K.Y. LAM

Arbitration

• Case No. 19090/CYK (ICC International Court of Arbitration): Successfully represented (as member of sole team of legal representatives) solar wafering company established in the Philippines in a successful US$40 million+ claim brought against a global solar PV expert company (established in the Cayman Islands) in relation to a dispute over the terms of a supply agreement. Before an Arbitral Tribunal consisting of Dr Gavan Griffith QC (President), Mr Charles Manzoni QC SC, and Dr Pierre A Karrer, with the arbitral seat in Hong Kong, and the laws of the Philippines applied.

• Case No. 24409/PTA (ICC International Court of Arbitration): Successfully represented (as sole counsel) a construction development company established in Hong Kong and with various subsidiaries based in the Mainland China, in a successful US$20 million+ claim brought against a licensor with various subsidiaries/associate companies based in the Netherlands, in relation a dispute over the terms of a joint venture agreement. Before an Arbitral Tribunal consisting of Mr Robert Pé (President), Ms Chiann Bao and Mr Horace Wong SC, with the arbitral seat in Hong Kong, and the laws of Hong Kong applied.

• Case No. HKIAC/A19232 (under 2018 HKIAC Administered Arbitration Rules): Successfully represented (as sole counsel) a Cayman Island incorporated company (part of an international group of companies dedicated to offering financial services), having established its Defence against an individual lender based in Mainland China for a claim of over US$8 million Before an Arbitral Tribunal consisting of Mr Horace Wong SC (as sole arbitrator), with the arbitral seat in Hong Kong, and the laws of Hong Kong applied.

• Case No. HKIAC/A23018 (under 2018 HKIAC Administered Arbitration Rules): Currently representing (led by Laurence Li SC) two Respondents based in Mainland China with respect to a claim of over US$12 million. Before a three-person Arbitral Tribunal, with the arbitral seat in Hong Kong, and the laws of Hong Kong applied.

Banking and Commercial

• Ding Huirong v China Times Securities Ltd [2020] HKCFI 376 (led by Laurence Li SC), acted on behalf of the Plaintiff in relation to determining an issue of law regarding the equity of redemption over shares as collateral; [2020] HKCFI 978 (as sole advocate) in successfully resisting a costs variation nisi application; [2021] 4 HKC 217 (led by Laurence Li SC) in successfully resisting appeal by the Defendants in relation to [2020] HKCFI 376; and [2021] HKCA 927 (as sole advocate) in successfully resisting another costs variation nisi application.

• Zhang Shouen and Ors v Standard Chartered Bank (unrep., HCMP 682 of 2015, 15 October 2015), acted on behalf of bank in successfully resisting pre-action discovery (led by Victor Dawes SC).

Employment

• Igal Dafni v CMA CGM SA [2013] 2 HKLRD 73 and (unrep., HCA 1185 of 2008, 10 February 2014), acted on behalf of the Defendant in relation to breach of employment contract and for payment of entitlements (as instructing solicitor to Nigel Kat (as he was then)).

General Civil

• An Yu v Leong Jay [2018] HKCFI 442 (judgment not open to public) in relation to the successful setting aside of a statutory demand (as sole advocate).

• Circuitronix LLC v Kingboard Chemical Holdings Ltd (unrep., HCA 1506 of 2014, 21 March 2017), acted on behalf of a foreign Defendant in relation to the successful setting aside of a service out application (led by Bernard Man SC); and [2023] HKCFI 3359, acted on behalf of Defendant in relation to successful resistance of several contentious case-amendments at a late stage in proceedings (led by Bernard Man SC).

• Emagist Entertainment Ltd v Nether Games (Hong Kong) Ltd and Ors [2020] HKCFI 638; [2022] HKCFI 899, acted on behalf of the Plaintiff in (i) applying for variation of fortification (as sole advocate); and (ii) successfully claiming copyright ownership and proof of employment relationship at trial (led by Jimmy Ma). Trial judgment currently under appeal by counterparties.

• Harbour Front Limited v Leung Yuet Keung & Ors (unrep., HCA 1143 of 2016, 29 Dec 2017), acted on behalf of company making derivative claim against several individuals in resisting a strike-out application (as sole advocate).

• Law Ka Yan Thompson v Ho Kang Wing, HCA 1926 of 2015, 5 February 2016 (led by Queenie Lau); and [2020] HKCFI 513, acted on behalf of the Defendant in relation to the resistance of an interlocutory injunction regarding the alleged harassment of the Plaintiff (led by Audrey Eu SC).

• Lim Yi Shenn v Wong Yuen Yee (unrep., CACV 55 of 2015, 7 September 2016), acted on behalf of the appellant over contractual misrepresentation (led by Laurence Li (as he was then)).

• Marksam Holdings Company Limited v Commissioner of Customs and Excise, Appeal No. 1/2017, 20 April 2017 (at the Appeal Board for the Consumer Goods Safety Ordinance), acted on behalf of the appellant in relation interpreting the safety standards applied to a consumer product (as sole advocate).

• Mercy Grace Ltd v Pengkang Co., Ltd [2021] HKDC 737, acted on behalf of the plaintiff in successfully obtaining an injunction and declaratory relief by way of default judgment with respect to e-mail fraud committed by the defendant (as sole advocate).

• Take Point Investment Holdings Ltd and Ors v Ngai Lok Kei and Ors [2020] HKCFI 1709, acted on behalf of the Plaintiffs in combined actions, successfully claiming against parties which participated in a fraudulent confirmor transaction scheme (as sole advocate).

• Wang Weichen v Praise Fortune Limited [2022] HKCFI 1880, acted on behalf of the successful appellant plaintiff in obtaining summary judgment against the defendant for the primary relief of recovering the loan principal, despite there being significant factual dispute between the parties (as sole advocate).

• Yu Man Fung Alice v Chiau Sing Chi Stephen & Ors, (unrep., HCA 1584 of 2012, 25 March 2013, 4 June 2013) and (unrep., CACV 50 of 2013, 4 April 2014), acted on behalf of the 1st Defendant in relation to successful strikeout of the Plaintiff’s proprietary claim arising from a commission agreement (as instructing solicitor to Robert Whitehead SC).

Personal Injuries

• Man Yuet Ling (mother and next friend of Lee Tung Yin, a minor) v Law Kwok Ho & Ors, (unrep., DCPI 1766 of 2015, 29 Sept 2017), acted on behalf of the 2nd Defendant in relation to the successful dismissal of a personal injury claim (as sole advocate).

Professional Negligence

• Tam Yuk Ching & Ors v Hoosenally & Neo (a firm) & Anor [2022] HKCFI 3825, acted on behalf of partially successful appellant in relation to affirming the principle that a claim should not be barred by the no reflective loss principle at the strike-out stage depending on the particulars pleaded (led by Edward Chan SC).

Probate & Trusts

• Cheung Ki Wing v Cheung Lai Yi [2019] HKCFI 2086, acted on behalf of the Plaintiff in successfully proving the disputed will and revocation of the letters of administration obtained by the defendant (as sole advocate).

• Lau Cho Kun v Lau Siang Kok Lionel [2012] 2 HKLRD 110, [2012] 5 HKLRD 75, acted on behalf of the Appellant in relation to the management of trust assets (as instructing solicitor to Michael Thomas SC and William Wong SC).

Regulatory

• Report by the Market Misconduct Tribunal in relation to Mayer Holdings Limited (Pt 1 and 2 dated 7 February 2017 and 5 April 2017; and Pt 1 and 2 dated 28 July 2023 and 15 December 2023), acted on behalf of select respondents in relation to whether disclosure requirements under the new Part XIVA of the Securities & Futures Ordinance (Cap. 571) have been breached (led by Derek Chan (as he was then)). Remitted trial heard throughout January - July 2022.

• Mayer Holdings Ltd and Anor v Securities and Futures Commission and Anor [2020] 3 HKLRD 266, acted on behalf of the appellant in successfully appealing against the MMT report on liability with respect to Mayer Holdings Limited (led by Victor Dawes SC and Derek Chan SC)