Raphael Leung

Arbitration

• Atelier Global Limited v Fruit Design & Build Limited (DCCJ 278/2024): Successfully resisted an application for stay of proceedings in favour of arbitration, involving construction of an arbitration clause (as sole advocate)

Injunctions and Assets Recovery

• Saint-Gobain Weber (Hong Kong) Building Material Co. Limited (HCA 872/2024): Successfully resisted a springboard injunction and an interlocutory injunction against use of allegedly confidential information and passing off (with Vincent Lung)
• Zhu Jun v Eversea Shipping Pte, Ltd (HCA 1458/2023): Successfully resisted an urgent application to discharge a proprietary injunction and receivership order involving a vessel of significant value (as sole advocate)
• Kwok Wai Tak v Lu Xin, Personal Representative of the Estate of Li Ning Qiao (Deceased) (HCA 979/2022): Successfully obtained non-party discovery against a securities firm (as sole advocate)

Commercial Disputes

• Wang Shuliang v Shing Chau Ching (HCA 590/2023): Appeal against master’s decision – acted for the 2^nd Defendant to (1) apply for striking out the Plaintiff’s Statement of Claim and (2) oppose the Plaintiff’s application to amend the same, involving issues such as operation of Quistclose trust in a third-party situation and the evidential requirements for pleading a Westdeutsche-type conscience-based constructive trust against a fraudulent recipient (with Ernest Ng; judgment pending)
• Chief Holdings (H.K.) Limited v Beijing Shen Tong Cultural Club Ltd (北京神通文化俱樂部有限公司) (HCA 2415/2014; HCA 414/2015): Applied for and resisted various strike out applications involving construction of a judgment of the Supreme People’s Court, and issues such as Henderson-abuse, issue estoppel, the extended doctrine of res judicata and contractual estoppel etc. (with Ernest Ng)
• Hero Investments Ltd v Tsang Kwong Chiu Kevin [2024] HKCFI 2029: (5-day trial) Successfully established an oral express trust over shares of significant value (with Vincent Lung)

Insolvency – Bankruptcy & Winding-Up

• WWHR v LNYA (HCSD 29/2024): Resisted an application to set aside a statutory demand (statutory demand subsequently satisfied by the Debtor) (as sole advocate) (ongoing)
• Re: China Zenith Chemical Group Limited (HCCW 243/2023): Acted for a supporting creditor in a creditor’s winding-up petition (as sole advocate) (ongoing)
• Re: Harvest Easy Limited (HCCW 89/2024): Acted for the petitioner in a creditor’s winding-up petition (as sole advocate)
• Re: Sinopharm Tech Holdings Limited (HCCW 391/2023): Acted for the petitioner in a creditor’s winding-up petition (as sole advocate)
• Re: Shek Mei Ho May (HCB 5375/2024): Acted for an opposing creditor in a debtor’s bankruptcy petition (as sole advocate) (ongoing)
• Re: Leung Ka Chun [2024] HKCFI 3042:
  • Successfully resisted the Debtor’s application for security for costs (as sole advocate)
  • Successfully obtained the usual bankruptcy order in an opposed bankruptcy petition by showing there is no bona fide dispute over a debt exceeding RMB30 million (as sole advocate)
• Re: Chow Kei Weng (HCB 2619/2024): Acted for the petitioner in an opposed creditor’s bankruptcy petition (as sole advocate)
• Re: Chow Kei Weng (HCBI 426/2024): (ongoing)
  • Resisted the Debtor’s Application for Interim Order pursuant to ss.20 and 20A of Bankruptcy Ordinance (Cap.6) (as sole advocate)
  • Sought leave to administer interrogatories and obtain discovery of documents against the Debtor pursuant to r.24 of the Bankruptcy Rules (Cap.6A) (as sole advocate)

Tort/ Employment

• Pang Chun Sing v City Centre Motors Company Limited [2024] HKDC 1347: Successfully acted for the alleged principal contractor to resist an application for Employee’s Compensation (2-day trial) (as sole advocate, conducted cross-examination in Cantonese)
• Tang Lai Wan v Lee Yu Jane (DCCJ 654/2024): Acted for the Plaintiff in a claim of water seepage (settled)

Land

• Chan Sin Kok v Personal Representatives of the Estate of Wong Yuk Kin, Deceased (HCA 1997/2024): Acting for the Plaintiff in a dispute over the beneficial ownership of a real estate property, involving issues of express trust, common intention constructive trust, resulting trust and proprietary estoppel (ongoing)

Civil Procedure

• Li Yulong v Liu Jing [2024] HKCFI 3163: Successfully acted for the Plaintiff to dispute the alleged non-compliance with an unless order, and to seek relief from sanction for the other offending parts (with Ernest Ng)

Family

• CKY v WKW (FCMC 5433/2022): Acted for the Respondent-Husband in an ancillary relief proceedings (as sole advocate)

•  University of Hong Kong, Faculty of Law, Part-time Lecturer (Non-Clinical) (Contract Law) (2023-Present)
•  University of Hong Kong, Faculty of Law, Part-time Lecturer (Non-Clinical) (Constitutional Law) (2023-2024)
• Panel of Advisers on Film Censorship, Member (2021-2022)

• Bar Scholarship (2022)
• Trinity College Prize for BCL Performance (2022)
• Trinity College Michael and Judith Beloff Scholarship for the BCL (2021)
• Champion Team and Best Written Memorial Prize for the Respondent, Hong Kong Regional Rounds of the 2021 Philip C. Jessup International Law Moot Court Competition (2021)
• Bluebell Prize (2018)
• Dean’s Honours List (2018) (2017)
• The K K Ho Prize (2018)
• Serena Yang Award (2017)
• Macau Foundation Special Scholarship (2016)
• Sun Life Financial Scholarship (2014)
• Grantham Scholar of the Year (2014)