Profile
Profile
David began his professional career in 1986 as a quantity surveyor after graduating from the University of Hong Kong. He has worked for quantity surveying consultant firms, international contractor and the Hong Kong Government on various building and civil engineering projects in both Hong Kong and mainland China. During his years of quantity surveying practice, David has acquired all-round knowledge about the preparation and vetting of tender and contract documents; measurement of quantities and valuation of variations; preparation and assessment of claims; and preparation and negotiation of final account.
He then read law, was called to the English Bar at the Middle Temple in 1994, and was admitted in the same year as a barrister to the Supreme Court of Hong Kong. David also qualified as a PRC lawyer in 1995.
He has been a member of Des Voeux Chambers since 1996. Since then, he has practised full time as a barrister, undertaking advisory work, drafting and advocacy in both arbitration and litigation, mainly in construction and commercial matters.
David’s practice has involved a wide range of substantial disputes before the Hong Kong Court and in arbitration. He has handled major arbitration cases arising from general building and civil engineering works, as well as specialist works including piling, curtain wall and cladding installation, lift installation and other building services installations. These disputes have included claims relating to variations, measurement and valuation, bills of quantities errors, provisional quantities, extensions of time, prolongation and disruption, liquidated damages, defects and damages for breach of contract. Most of the cases involved direct contracting parties; and some of them involved claims between nominated sub-contractors and employers.
His court work has included arbitration matters, building and construction disputes, building management disputes, nuisance and other tort claims, land disputes including adverse possession and rights of way, PRC-related land development disputes, and commercial disputes generally.
David has acted as sole arbitrator in multiple references and is presently a Member of the HKIAC Panel of Arbitrators and the HKIA/HKIS Joint Panel of Arbitrators. He only acts as neutral now.
- Paul Y. Management Ltd v. Eternal Unity Development Ltd, HCA571/2007, 8 January 2010, Unreported. This case involved property development and an ensuing application for a split trial.
- 厦門新景地集團有限公司 formerly known as 厦門市鑫新景地房地產有限公司 v. Eton Properties Ltd and Another [2009] 4 HKLRD 353. This case involved property development and the enforceability of a Mainland Arbitral Award. The arguments turned on the issues of “impossibility” and “public policy.”
- Gingerbread Investments Ltd v. Wing Hong Interior Contracting Ltd [2008] 2 HKLRD 436. This was a contentious application which involved the potential removal of an arbitrator on the ground of misconduct during the discovery stage of the arbitration proceedings.
- Ng Choi Sang t/a Cheung Kong Construction Co v. Chu Yu Tin and Another [2007] 4 HKLRD 329. This was a money lending case which involved a striking out application. Arguments raised included time bar and election.
- Success Wise Ltd v Dynamic (BVI) Ltd [2006] 1 HKC 149. This was a commercial case and it entailed an application for security for costs. Curiously, the claim and the counterclaim raised essentially the same issues.
- Royal Institution of Chartered Surveyors – 1989
- Fellow of the Royal Institution – 1995
- Member of the Hong Kong Institute of Surveyors – 1990
- Fellow of the HKIS – 1998
Arbitration as arbitrator, Contract