Carmen has extensive experience in handling a wide range of civil cases and commercial disputes including contractual disputes; defamation; insolvency: bankruptcy and winding up proceedings; trust; competition; regulatory; harassment; professional negligence; medical negligence; employment; judicial review; injunctions; land disputes: adverse possession; property litigation: enforcement of deed of mutual covenant; landlord and tenant disputes: recovery of arrears and possession; and enforcement proceedings.
Acting for the administrators of a deceased’s estate, particularly as defendants where two individuals claim to be concubine and natural daughter respectively.
Acting for a licensed person in a proposed disciplinary action by the Securities and Futures Commission in 2020.
Acting for undertakings under investigation by the Competition Commission, including dawn raid and other investigations in 2018 and 2020.
Acted for the owner of a building in a landlord and tenant dispute concerning a breach of user, developed a mediation strategy and successfully resolved the 4-year litigation by way of mediation in 2017.
Acting for the property manager of a number of developments in various enforcement actions to obtain injunctions and orders compelling owners and/or occupiers to rectify their breach of deed of mutual covenant.
Case Highlights
DP World Djibouti FZCO & ors v China Merchants Port Holdings Company Limited, HCA 1951/2018, [2019] HKCFI 3104, 20 December 2019 (successfully opposed a forum non conveniens application)
The Ban Khi & ors v The Loei Beng & anor, HCMP 1312/2018, [2019] HKCFI 1492, 6 June 2019 (obtained an order for declaration of trust and sale of landed properties under the Trustee Ordinance)
Leung Chi Ching & anor v MTR Corporation Ltd, LDBM 53/2014 & LDBM 179/2016, [2018] HKLdT 76, 15 November 2018 (successfully defended a building management case)
MTR Corporation Ltd v Young Shu Hang & others, LDBM101, 103-105, 107-110/2015 (Consolidated), 20 October 2016 (successfully claimed special fund contribution from owners)
Wong Tak Man, Stephen & anor v Cheung Siu Fai aka Dickson Cheung & anor [2015] 5 HKLRD 923 (successfully defended a claim of transactions at an undervalue and unfair preference)
Indian Overseas Bank v Vee Pee Global Ltd & ors, HCMP 2114/2011, 2 December 2014 (gave evidence as witness)
Memberships
Member, The Law Society of Hong Kong
Member, Hong Kong Society of Notaries
Practising Solicitor Member, Solicitors Disciplinary Tribunal Panel
Education
BA, University of Hong Kong, 2002
LLB, University of London, 2004
PCLL, University of Hong Kong, 2005
LLM (Chinese Law), University of Hong Kong, 2010