MembersJustin Lam

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Justin Lam

BA (Oxon), First Class
BCL (Oxon), Distinction

Profile

Profile

Justin graduated from the University of Oxford in 2011 with First Class Honours, ranking second in his class. He obtained his BCL degree at the University of Oxford in 2011 with distinctions in all subjects and was awarded the Bar Scholarship in 2012.

Justin has established a diverse practice in civil and commercial law. He has extensive experience both as sole and junior counsel in a wide range of civil cases, including company, insolvency, probate, trusts, land and tax disputes. Since joining Chambers, he has been involved in more than 200 published judgments as counsel.

He has acted in a number of complex and high profile disputes, such as the Fok Family litigation, the Convoy Global litigation, the Nam Sang Wai town planning appeal, the Waddington/Playmates derivative action, the Chinachem Foundation litigation and the Wang Yung-ching estate dispute.

He was recognised by Chambers & Partners Asia as “the ideal junior”, “a really strong name at the junior Bar and one of the standout juniors at DVC who is making an impression” with a “very active caseload”.

Justin is also a fluent Mandarin speaker.

Memberships & Appointments

  • Chairman, Appeal Tribunal Panel (Buildings) (December 2022 – present)
  • Member, Criminal and Law Enforcement Injuries Compensation Boards (June 2022 – present)
  • Adjudicator, Registration of Persons Tribunal (July 2022 – present)

Selected Cases

Company

Board and Shareholder Disputes

  • Waddington Ltd v Chan Chun Hoo Thomas HCA 3291/2003; [2014] 4 HKC 356; [2015] 3 HKLRD 474; [2015] 3 HKLRD 474; CACV 142/2015, CACV 10/2014, [2017] 4 HKC 496; FAMV 49/2016, [2019] HKCA 604 (trial and appeal involving multiple derivative action and BVI law – led by Benjamin Yu SC; application for interim payment of costs – led by Benjamin Yu SC, appeal – led by Charles Hollander KC; appeal on basis of taxation for costs indemnity – led by Benjamin Yu SC; application for disclosure of funding arrangement – as sole counsel)
  • Re L&A International Holdings Ltd [2018] HKCFI 2742; [2019] HKCFI 786l [2020] HKCA 687; [2020] HKCA 779 (leading authority on jurisdictional limit of damages claim under Sections 728-730 of the Companies Ordinance)
  • Re Three Towns Capital Ltd [2019] HKCFI 875; [2019] HKCFI 876; [2019] HKCFI 2120; [2020] HKCFI 273; [2020] HKCFI 273; [2020] HKCFI 1072; [2021] HKCFI 1705 (trial of unfair prejudice petition over multinational fisheries company, resisting application to stay petition in favour of foreign proceedings, application for interim payment of buy-out sum, resisting intervention by third party, application to remove court appointed valuer on ground of bias – led by William Wong SC)
  • Liao Chen Toh v Loyal International Enterprises Co Ltd HCA 2302/2014; [2021] HKCFI 164 (applications against ex-director for delivery up of corporate documents and removal of bank signatory, proprietary injunction for misappropriated funds of approximately US$100 million and Bankers Trust orders – led by William Wong SC)
  • Re Soka Gakkai International of Hong Kong Ltd [2017] HKCFI 2154; [2018] 2 HKLRD 769, [2018] 4 HKC 489; [2020] 3 HKC 530; [2022] HKCA 480; [2022] HKCA 931; [2022] HKCFA 21 (acting for the applicant for leave to commence statutory derivative action on behalf of charitable corporation and costs indemnity order – led by Wong Yan Lung SC, Anson Wong SC)
  • Re Ping An Securities Group (Holdings) Ltd [2020] 1 HKLRD 429 (application for injunction to restrain company from implementing rights issue – led by José Maurellet SC)
  • Re Astron Corporation [2022] HKCFI 3426 (acting for the company to resist interim-interim injunction regarding declaration and distribution of dividends)
  • Re Venton Consultant Company Limited [2022] HKCFI 3334 (acting for the respondents to discharge Mareva and proprietary injunctions under common law derivative action – led by Douglas Lam SC)
  • Re Zioncom Holdings Limited [2022] HKCFI 3328 (acting for the chairman to resist challenge to finality of decision to disqualify votes in general meeting)
  • Re L&A Holdings Ltd [2018] HKCFI 2555 (acting for the company to resist application for inspection of documents under section 740 of the Companies Ordinance)
  • Hansen International Ltd v High Fashion Apparel Ltd HCA 1724/2014 (resisting application for injunction for breach of shareholders’ agreement – led by Russell Coleman SC)
  • ​Re Dayuan International Development Ltd HCCW 103/2015 (resisting applications to strike-out and seeking stay of unfair prejudice proceedings – led by Victor Joffe KC and José Maurellet SC)
  • Chien Tsai Wan Judy v Chiu Tai Loy HCA 1561/2016 (resisting application for interlocutory injunction under common law derivative action to restrain directors from dealing with company’s assets – led by William Wong SC)
  • Re Barrington Studios Ltd HCMP 1022/2013 (trial involving unfair prejudice petition over complaints of exclusion from management and dilution of shareholding)
  • Re Yuanzhi International Trading Co Ltd HCMP 778/2016 (application for interim injunction to restrain shareholder and director from acting on an invalid shareholders’ resolution under Sections 728-730 of the Companies Ordinance)

Insolvency and Liquidation

  • Re Golden Oasis Health Ltd [2020] HKCFI 364; [2022] HKCA 237 (acting for the petitioner in winding-up petition based on loan repayable on demand – led by Jenkin Suen SC)
  • New Health Elite International Ltd v Gold Swing Enterprises Ltd [2019] HKCFI 2520 (acting for the respondents to resist injunction application to restrain presentation of winding-up petition – led by Jenkin Suen SC)
  • Re Tom Ip & Partners, Architects, Engineers & Development Consultants Limited [2021] HKCFI 105; [2021] HKCFI 2850 (acting for the respondent to resist application by liquidators for production of information and documents)
  • Re China Solar Energy Holdings Ltd [2017] 2 HKLRD 1074; [2020] HKCFI 481 (acting for the investors in application by provisional liquidators for approval to enter into various restructuring agreements – led by William Wong SC; substantive hearing of petition – as sole counsel)
  • Re Joy Rich Development Ltd [2019] HKCFI 1236 (application for removal of liquidators – led by William Wong SC, with Christopher Chain)
  • Re China Ocean Industry Group Ltd [2019] HKCFI 2363 (acting for the company to obtain validation order for fund raising exercise)
  • Re Merdeka Financial Services Group Ltd [2018] HKCFI 163 (acting for the company in application to strike-out petition and obtain validation order)
  • Re Paramounta Liberty Shipping (HK) Ltd HCCW 301/2017 (acting for the petitioner in winding-up petition and resisting jurisdictional challenge based on arbitration)
  • Re Luen Tat Watch Band Manufacturer Ltd HCCW 497/2009 (resisting application to stay winding-up order)

 

Commercial

  • Alexander Tugushev v Vitaly Orlov [2019] 3 HKLRD 782 (CFI) (application for disclosure of third-party funding arrangement on grounds of maintenance and champerty – led by William Wong SC)
  • Au Kai To Karel v End User Technology [2018] HKCFI 594; [2019] 1 HKLRD 943 (CA), [2019] 6 HKC 1; [2020] HKCA 673 (appeal concerning claim against listed company and subsidiary for breach of share purchase agreement and disposal of sum paid into court)
  • Cheung Kwok Leung v Chen Dah Ren, George [2020] HKCFI 1190 (acting for the plaintiff at trial to claim for breach of settlement agreement)
  • Hao Tian International Securities Ltd v Ng Shui Cheong [2020] HKCFI 1590 (acting for the securities firm to obtain summary judgment against account executive)
  • Li Chi Ngai Anthony v Siu Tak Wa [2021] HKCFI 1616 (acting for the defendant to resist O.86 application for specific performance of sale and purchase agreement in respect of shares in medical practice company)
  • Pinpoint Multi-Strategy Master Fund v Gangtai Group Co Ltd [2021] HKCFI 1011 (acting for the respondents to set aside Chabra injunction in aid of New York proceedings – led by Douglas Lam SC)
  • Essilor Manufacturing (Thailand) Co Ltd v G. Doulatram and Sons (HK) Ltd [2021] HKCFI 30 (acting for the respondent to set aside Mareva and proprietary injunctions based on alleged fraud and effect of payment into court)
  • Philip Doodt v Huang Shihu [2020] HKCFI 241 (acting for the plaintiffs in application for interim payment under RHC O.29 for sums due under sales commission agreement)
  • Power Securities Co Ltd v Sin Kwok Lam [2019] HKCFI 2920 (resisting strike-out application involving principle of no reflective loss, res judicata and abuse of process in margin agreement dispute – led by Barrie Barlow SC)
  • Re Li Shu Chung [2019] HKCFI 2500 (resisting bankruptcy petition and dispute over jurisdiction, service and material non-disclosure by petitioner – led by Barrie Barlow SC)

 

Banking and Finance

  • Radiant Fortune International Ltd v Thing On Capital Ltd [2021] HKCFI 2931 (acting for the first mortgagee to resist application by second mortgagee to redeem first mortgage and conduct sale of property)
  • Elegant Mark Investment Ltd v Dai Yumin [2021] HKCFI 3168 (acting for the defendant to resist summary judgment by moneylender based on fraud and conspiracy – led by Bernard Man SC)
  • China Baoli Technologies Holdings Ltd v Orient Equal International Group Ltd [2019] HKCFI 288 (application for payment out of sum in court and discharge of injunction in repo agreement dispute – led by Barrie Barlow SC)
  • Re Soetrisno Farida [2019] HKCFI 2756 (acting for the debtor to resist bankruptcy petition and dispute validity of legal charge based on non est factum and undue influence)
  • Re Dai Guoliang [2019] 2 HKLRD 332 (acting for the debtor in jurisdictional challenge to bankruptcy petition based on breach of guarantee)
  • Re Pak Kwan Ho [2018] HKCFI 54 (acting for the bank in bankruptcy petition based on breach of guarantee)
  • Lo Yuk Sui v Fubon Bank (Hong Kong) Ltd HCA 409/2005, [2017] 2 HKLRD 477 (trial involving the interpretation of a side letter in the context of a corporate debt restructuring exercise, implied terms and damages – led by Clifford Smith SC)
  • ​Indian Overseas Bank v Vee Pee Global Ltd HCMP 2114/2011 (trial involving defence of undue influence and non est factum against a mortgage enforcement claim)
  • ​First Asia Finance Ltd v Tsoi Tin Kwan Fanny HCA 1070, 1589, 1774/2011 (trial involving claims for money had and received and breach of share purchase agreements – with Patrick Chong)
  • Tech Garden Asia Ltd v Yuneec International Co Ltd HCMP 2421/2015 (application for interim injunction to enforce exclusive distributorship contract)

 

Trust and Probate

  • Fok Chun Yue Benjamin v Fok Chun Wan Ian HCA 92, 274, 275/2016 (dispute over family settlement agreement – led by Wong Yan Lung SC)
  • Re Will of Kung, Nina (also known as Nina Kung and Nina T H Wang) [2022] HKCFI 3255 (settlement of administrative scheme to implement charitable trusts over assets of more than HK$140 billion – led by Bernard Man SC)
  • Dr. Wong Wen-Young v Hua Yang Investment (H.K.) Ltd HCA 1017/2013 (acting for the administrator of the estate of Wang Yung-Ching to recover substantial assets in excess of HK$30 billion – led by William Wong SC)
  • Re Estate of Li Sing Kui [2019] 6 HKC 16; [2022] 4 HKC 420 (application for removal of personal representative; dispute over severability and interpretation of testamentary disposition for Ching Sheung – led by Anson Wong SC)
  • New Well Master Co Ltd v Tidjan Ananto [2021] HKCFI 2953 (trial over beneficial interest of property and limitation period/laches)
  • Chung Pui Tong v Qian Zhen [2020] HKCFI 187 (trial over beneficial interest of property and funds and effect of consent order in divorce proceedings)
  • Mo Ying v Brillex Development Ltd [2014] 3 HKLRD 224; [2015] 2 HKLRD 985 (CA), [2015] 3 HKC 104; [2017] 4 HKC 1 (CFA) (trial and appeal involving common intention constructive trust and its effect on a third-party purchaser – led by William Wong SC)
  • ​He Jiping v Wang Zhenping HCA 200/2005 (trial involving dispute as to whether shares are held on express trust – with Jenkin Suen)
  • Kwok Shuk Kuen Maria v Li Wun CACV 151/2014, 72/2015 (appeal involving dispute over validity of a will and test for testamentary intention – with Alfred Liang)

 

Land and Planning

  • Uni-Creation Investments Ltd v Secretary for Justice [2017] 2 HKLRD 139, [2017] 4 HKC 125; [2018] 2 HKC 531 (CA) (application for declaration of compliance with offensive trade clause in government lease regarding construction of columbarium and appeal – led by Benjamin Yu SC)
  • Nam Sang Wai Development Co Ltd v Town Planning Board TPA 1/2017 (appeal in respect of planning permission application for proposed residential development in “Comprehensive Development and Wetland Enhancement Area” zone – led by Jenkin Suen SC)
  • Fantastic State v Tien’s Organic Farm [2018] HKCFI 2473; [2019] 3 HKLRD 438 (CA), [2019] 6 HKC 437; [2019] HKCA 1042 (application to set aside ex parte injunction to enforce right of way and appeal – led by Benjamin Yu SC)
  • AFH Hong Kong Stores, Ltd v Fulton Corporation [2020] HKCFI 1566; [2021] HKCFI 873; [2022] 2 HKC 298; [2022] HKCA 1243 (dispute over tenant’s reinstatement obligation and proper interpretation of “bare shell” condition – led by Patrick Fung SC)
  • The Hong Kong Polytechnic University v Rehabaid Society [2022] HKCFI 2830 (trial concerning duration of contractual licence and proprietary estoppel – led by Patrick Fung SC)
  • Sime Darby Motor Services Ltd v Director of Lands [2022] 4 HKLRD 714 (acting for the respondent in judicial review against decision to refuse to process in-situ land exchange application)
  • Lam Tak Choi v Chow Tai Fook Jewellery Co Ltd [2020] HKCFI 362 (resisting application for summary determination of question of law regarding effect of illegality on adverse possession claim – led by Rachel Lam SC)
  • Wing Ming Garment Factory Ltd v IO of Wing Ming Industrial Centre [2018] HKLdT 63; [2018] HKLdT 88 (resisting application to strike-out claim for dissolution of existing management committee – led by Bernard Man SC)
  • Wing Ming Garment Factory Ltd v Sanwa Trading (HK) Ltd [2018] HKCFI 2166 (application for summary judgment in dispute over subject-matter of sale and purchase agreement and assignment of property – led by Bernard Man SC)
  • United Bright Ltd v Secretary for Justice [2015] 2 HKLRD 633 (CA), [2015] 4 HKC 12 (appeal in relation to the proper interpretation of the terms of a government lease – led by Benjamin Yu SC)
  • Sky Ace Enterprises Ltd v Appeal Tribunal (Buildings) HCAL 157/2014, CACV 126/2015 (judicial review against decision of the Buildings Appeal Tribunal concerning (a) characterisation of land as a “street” and (b) refusal to grant exemption or modification for building plans – with Anthony Ismail)
  • Kowloon-Canton Railway Corporation v Ha Chiu Yeung HCAL 385/2013 (applications on behalf of KCRC for order to conduct ground investigation works on unauthorised structures and disclosure order)

 

Tax

  • Perfekta Enterprises Ltd v Commissioner of Inland Revenue HCIA 1/2016; [2018] HKCA 373; [2018] HKCA 544; [2018] HKCFA 55; (2019) 22 HKCFAR 203, [2019] 4 HKC 383 (case stated from decision of Board of Review to impose profits tax – led by Clifford Smith SC)
  • KWP Quarry Co Ltd v Inland Revenue Board of Review [2022] HKCA 231 (application for leave to appeal to the Court of Final Appeal – led by Clifford Smith SC)

 

Legal Professional Practice

  • Chen Fenglan v Kao, Lee & Yip Solicitors (a firm) [2022] HKDC 1317 (acting for the firm in a professional negligence trial involving issues of scope of duty, duty-nexus and remoteness of loss)
  • Chan Chun Chuen v Kao, Lee & Yip (a firm) HCA 597/2015, [2018] HKCFI 1933; [2019] HKCA 170; [2021] HKCFI 716 (acting for the firm in application to strike-out professional negligence claim based on abuse of process – led by Audrey Eu SC; amendment of pleadings – led by Jenkin Suen SC)
  • Chinachem Charitable Foundation Ltd v Wilkinson & Grist (a firm) [2021] HKCFI 3639; [2022] HKCFI 1743 (acting for the applicant to tax bills in the amount of about HK$280 million under the Legal Practitioners Ordinance – led by Barrie Barlow SC)
  • Li Shu Chung v Stevenson, Wong & Co [2018] HKCFI 2372 (acting for the applicant to tax bills in the amount of about HK$12 million under the Legal Practitioners Ordinance – led by Bernard Man SC)
  • Wong Tak Ming v 趙江龍 [2018] HKCFI 1866 (acting for the firm in application to strike-out claims for wrongful registration and malicious falsehood)
  • China Citic Bank International Ltd v Durrant Simon Patrick Michael [2018] HKCFI 396 (acting for the solicitor to resist application for wasted costs order under Section 52A of the High Court Ordinance)
  • Champion Concord Ltd v Kao Lee & Yip (a firm) HCA 85/2012 (application for leave to issue a writ of subpoena ad testificandum to compel the attendance of mediator as witness at trial)

 

Arbitration

  • Re Golden Oasis Health Ltd [2019] HKCFI 2173 (acting for the respondent to resist application to stay winding-up petition in favour of arbitration – led by Jenkin Suen SC)
  • Magnus Leonard Roth v Vitaly Petrovich Orlov [2020] HKCFI 525; [2020] HKCFI 802; [2021] HKCA 639 (acting for the respondent to resist application to stay proceedings in favour of arbitration and challenge to constitutionality of Section 20(9) of the Arbitration Ordinance – led by William Wong SC)
  • Chu Kong v Lau Wing Yan HCA 226/2017, [2019] 1 HKLRD 589 (CA) (acting for the applicant to stay multiple derivative action in favour of arbitration – led by Charles Sussex SC)
  • Company A v Company D [2018] HKCFI 2240; [2018] HKCA 505 (application for appointment of receivers in aid of arbitration – led by Clifford Smith SC)
  • Commercial Arbitration – ICC (resisting claim for breach of shareholders agreement in respect of appointment of directors and disclosure of documents)
  • Commercial Arbitration – HKIAC (claim for failure to open letter of credit in breach of contract for sale of commodities – with José Maurellet)
  • Commercial Arbitration – LMAA (claim for failure to take delivery and make payment in breach of contract for sale of commodities)

 

Public and Regulatory

  • Waddington Ltd v Securities and Futures Commission [2018] HKCFI 2544 (acting for the applicant in judicial review against decision to refuse to carry out further investigations – led by Benjamin Yu SC)
  • Securities and Futures Commission v Yin Yingneng Richard HCMP 2502/2012, [2015] 5 HKLRD 530 (trial of unfair prejudice petition issued by the SFC against directors of a listed company – with José Maurellet)
  • 陳 基 裘 對 香 港 政 府 地 政 總 署 [2020] HKCFI 312; 廖 笑 對 地 政 總 署 署 長 [2021] HKCFI 2571; [2021] HKCFI 621 (acting for the respondent in judicial review concerning the Kwu Tung North/Fanling North New Development Areas – led by Jenkin Suen SC)
  • Ng Moon Lam v The Ombudsman [2020] 3 HKLRD 699 (acting for the Ombudsman in judicial review against decision to reject complaint under Section 7 of the Ombudsman Ordinance)
  • Darryl Penrice v Chan Kwok Ji, Eric, IDSM, Director of Immigration DCCJ 2983/2014 (acting for the Ombudsman in application to strike-out claim for alleged failure to investigate plaintiff’s complaint against the Legal Aid Department)
  • Re David Perry QC [2016] 2 HKLRD 647 (acting for the Bar Association in resisting application for overseas admission and making first-ever costs application – led by Graham Harris SC)

 

Contempt

  • Liao Chen Toh v Loyal International Enterprises Co Ltd [2020] HKCFI 2272; [2020] HKCFI 2661; [2021] 4 HKLRD 202 (CA) (acting for the plaintiff in application for leave to commence contempt proceedings and resisting jurisdictional challenge by overseas defendant – led by William Wong SC)
  • Kokkia Inc v Microgear Technology Ltd HCMP 41/2017 (acting for the plaintiff to seek committal order for breach of court order)

Scholarships and Awards

  • Bar Scholarship (2012)
  • Charles Ching Memorial Scholarship (2012)
  • Proxime Accessit, Martin Wronker Prize for Best Performance in Law Finals (2010)
  • Gibbs Book Prize for Best Performance in Contract, Tort, Land and Trusts (2010)
  • Quadrant Chambers Prize for Best Performance in International Trade (2010)
  • Demyship for Performance in Law Moderations (2008-2010)

Publications / Lecture / Talks

  • Contributing editor of Hong Kong Civil Procedure (“White Book”)

Specific Areas of Expertise

Regulatory, Administrative Review, Commercial Judicial Review, Statutory Tribunals, Arbitration as counsel, Enforcement of Arbitral Award, Credit Financing, Moneylenders’ Actions, Securities Law, Contract, Conflict of Laws, Equity, Tort, Unjust Enrichment, Insurance Law, Negotiable Instruments, Partnerships, Sale of Goods, Corporate Governance, Compliance with Listing and Other Regulatory Rules, Derivative Action, Unfair Prejudice Petition, Bankruptcy, Winding-Up, Letters of Credit, Sale and Carriage of Goods, Committees, Town Planning Appeals, Solicitors’ Negligence, Asset Tracing, Bankers’ Books Orders, Discovery, Injunction, Norwich Pharmacal Orders, Adverse Possession, Building Management, Charities, Conveyancing, Easements, Landlord & Tenants Disputes, New Territories Law

Accolades

Justin Lam is noted for his wide-ranging civil, company law and financial services practice, and also handles contentious private client matters and disputes in the trust and probate sphere.

- Chambers & Partners Greater China Region (2024)

Justin Lam of Des Voeux Chambers is noted for his wide-ranging civil, company law and financial services practice, and also handles contentious private client matters and disputes in the trust and probate sphere. Source commented Justin “is very hard-working and works the whole day; he’s very thorough and bright.” and “a very diligent and safe pair of hands.”

- Chambers & Partners Greater China Region (2023)

Justin Lam is one of the most popular juniors in Hong Kong for insolvency and commercial matters, with clients recommending him for his “diligence and efficient delivery of work”.

- Who's Who Legal: Mainland China, Hong Kong SAR and Macao SAR 2023

Justin is singled out for being “the ideal junior” and for being “very meticulous; you never have to worry that he’s missed something or not looked at something properly; he’s the kind of person you can always trust.” He is commended for his wide-ranging civil, company law and financial services practice, and also handles contentious private client matters and disputes in the trust and probate sphere.

- Chambers & Partners Greater China Region (2022)

Justin Lam is a “really strong name” at the junior Bar and “one of the standout juniors at DVC who is making an impression.” He is endorsed for his wide-ranging civil, company law and insurance practice, and also handles contentious private client matters and disputes in the financial services sphere. Described as an “attentive and thoughtful” counsel, he is further praised for his “excellent research skills.”

- Chambers & Partners Asia Pacific (2021)

Justin Lam of Des Voeux Chambers is rated “a very strong junior” by sources, an assessment borne out by his very active caseload and the frequency with which he is selected to support distinguished senior counsel on significant cases. Experienced in litigation to High Court level, he is regularly seen on company, financial services, land and trust-related cases.

- Chambers & Partners Asia Pacific (2020)

Justin Lam of Des Voeux Chambers focuses on company, probate, trust and land issues, interviewees emphasising his prominence in the last of these areas particularly strongly. He is widely viewed as “one of the up-and-coming barristers at the junior end of the Bar,” more than one source stressing that he is “very good in research and very quick in terms of turnover,” while an instructing solicitor reports that he “works his socks off and provides enormous assistance to other members of the counsel team.”

- Chambers & Partners Asia Pacific (2019)