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Avery Chan

BCL, University of Oxford
PCLL, University of Hong Kong
LLB (First Class Honours), University of Nottingham

Profile

Profile

Avery is developing a broad civil practice with an emphasis on commercial, company, and probate cases. He has appeared as trial and appellate counsel in practice areas including probate, commercial, company, construction, and property disputes both as sole advocate and led junior. Avery also has experience in a multitude of interlocutory applications, including summary judgment, specific discovery, striking out, and expert evidence.

Prior to joining the bar in 2016, Avery obtained his LLB from the University of Nottingham with first class honours. He went onto complete his BCL in the University of Oxford.

Lectures/Talks/Publications/Appointments

  • Deputy Adjudicator of Small Claims Tribunal (March, November 2023)
  • Non-clinical lecturer in Contract Law at the University of Hong Kong (2017- present)
  • CPD Seminar: “Common and Uncommon Issues in Succession” (with David Tang) (October 2017)
  • CPD Seminar: “Sir Oswald Cheung Memorial Fund CPD Series No.7 Interlocutory Injunctions” (with Mr. Thomas Lee and Mr. Nicholas Oh) (January 2018)

Selected Cases

Company

  • River Plate Co Ltd v Tang Tung Sang [2023] HKCFI 611, appeared for the Plaintiff for summary judgment against its former director for misappropriation of assets (as sole counsel)
  • Convoy Global Holdings v Kwok Hiu Kwan [2021] HKCA 1594, appeared for the Plaintiff in appealing against the first instance judgment for striking out the claim (led by William Wong S.C., with Christopher Chain and Lai Chun Ho)

 

Commercial

  • Chen Er Hu v Wei Wen v Chen Qinglan [2023] HKCFI 2762, acted for the plaintiff to resist a permanent stay on the grounds of forum non conveniensand a non-exclusive jurisdiction clause (as sole counsel)
  • Incorporated Owners of Shun Chi Court v Citi-Pro Property Services Limited [2023] HKCFI 911, appearing for the Defendant in a 4-day trial in relation to the enforceability of a penalty clause (with Patrick Chong)
  • Fong Chok Fung an Another v Waytex Plastic Manufacturing Ltd and Another [2022] HKCFI 3641, appearing for the Plaintiffs in a 4-day trial in respect of multiple joint venture agreements (as sole counsel)
  • Holy AG v BMW Ltd and Others [2022] HKCFI 798, appeared for the 10thDefendant in applying for security for costs and resisting summary judgment application (as sole counsel)
  • 胡少芬 葉玉枝 AND ANOTHER [2019] HKCFI 2329, appeared for the 1stand 2nd Defendants and successfully set-aside a substituted service order and a default judgment on grounds of material non-disclosure (led by CY Li SC)
  • Bangkok Bank Public Co Ltd v Hui Yan Moon andanother[2019] HKCFI 321, appeared for the 2nd Defendant in appealing against a summary judgment on personal guarantee (led by Edward Chan SC)
  • Cirrus Design Consultants Limited v Kenneth Rothgordt Johansen and another [2019] HKDC 830,appeared for the Plaintiff in a 3-day trial and successfully obtained judgment against the 1st Defendant (as sole counsel)
  • Yeung Shuk Mei v Choi Sun Man and another (HCA 2308/2012), appeared for the Plaintiff in an application for filing of supplemental witness statement (as sole counsel)
  • Greater China Appraisal Ltd v Tsang Kang Po and others [2018] HKCFI 2552, appeared for the Defendants resisting an application for an injunction against breach of confidence and a spring-board injunction (with Adrian But)

 

Land, Property and Redevelopment

  • Essence Knitting v Chan Sau Man[2022] 1 HKLRD 880, appeared for the Plaintiff for vacating registration of lis pendens (as sole counsel)
  • Sogo Hong Kong Co. Ltd. v Commissioner of Rating and Valuation[2019] HKLdT 68, appeared for the Appellant in a 4-day trial on liability of rate and Government rent for two advertising signs concerning issues on interpretation of statute and definition of advertisement (led by C.Y. Li SC)
  • 好順利大廈業主立案法團 v Wealth Gear Limited and others(LDBM 220-222&226/2014), appeared for the Appellant for leave to appeal and substantive appeal against judgment on breach of DMC (led by C.Y. Li SC and with K.K. Lau)
  • Wong Chung Keung and Lo Wai Ling v Cheung Yik Tung [2018] HKCFI 2722, appeared for the Plaintiffs and successfully obtained judgment against the Defendant in a vendor-purchaser summons (as sole counsel)
  • Lee Ping Sum v The Personal Representatives of the Estate of Ng Hoi Ling Pauline, Deceased [2020] 2 HKC 42, appeared for the Plaintiff and successfully applied for a declaratory default judgment for adverse possession (as sole counsel)
  • Palliser Investments Ltd. v Vickwood Limited and another [2019] HKCFI 1484, appeared for the Plaintiff and successfully claimed all pleaded damages in full in a trial for assessment of damages (as sole counsel)
  • Price Club Limited v Bizsmart Consultants Limited[2019] HKCFI 2137, appeared for the Plaintiff in a vendor-purchaser summons regarding issue on interpretation of DMC (with David Tang)

 

Winding Up and Bankruptcy

  • Re Pan Sutong[2023] 5 HKLRD 337 – appeared for a creditor to challenge the admissibility of the vote of another creditor and the result of the creditors meeting (led by Wong Yan Lung SC)
  • Re Proman International Ltd [2023] HKCFI 2628 – appeared for a creditor to resist challenge to the proposed liquidator on the ground of conflict of interest (led by Jenkin Suen SC)
  • CCH v CSY [2023] HKCFI 1992 – appeared for the to resist an application to set aside statutory demand (as sole counsel)
  • Re Guangdong Zhenrong Energy Co. Ltd.(HCCW 231/2016) – appeared for the Petitioner and successfully applied for winding up order against an overseas company based in the Mainland (with Lawrence Hui)
  • Re Wan Cai Company (Hong Kong) Limited(HCMP 1759/2017) – successfully applied for an order to permanently stay a company’s voluntary winding up (as sole counsel)

 

Probate and Succession

  • WSI represented by SLHL also known as LLH v WKT, the executrix of WYC (FCMP 141/2016), appeared for the applicant in a 4-day trial and successfully applied for financial provision under the Inheritance (Provision for Family and Dependants) Ordinance Cap. 481 for a minor (as sole counsel)

 

Mental Health

  • Re HVD (HCMH 48/2021), appeared for the Applicant in a 2-day inquiry for the appointment of committee for the alleged MIP and for revocation of an Enduring Power of Attorney (as sole counsel)

 

Securities & Regulation

  • SFC v Yu Longrui [2022] HKCFI 653, appeared for the 2ndRespondent in a Carecraft proceedings in respect of disqualification of director (as sole counsel)

Scholarships and Awards

  • Middle Temple Advocacy Scholarship (2016)

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