Carmen Ng

Partner | Litigation and Dispute Resolution

carmen.ng@deacons.com

+852 2825 9502

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Carmen has extensive experience in handling a wide range of civil cases and commercial disputes including contractual disputes; debt collection; tort; defamation; harassment; professional negligence; medical negligence; trust; competition; regulatory; 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; insolvency: bankruptcy and winding up proceedings; enforcement proceedings and arbitration.

She aims to position her client in a win-win situation by simplifying complex legal issues and helping them find the most practical solution to their disputes with solid legal analyses and commercial strategies.

Highlights

• Acting for DP World in Hong Kong’s first court case involving a Belt and Road project regarding a claim against a subsidiary of a well-known Chinese state-owned conglomerate concerning DP World’s exclusive port concession agreement with Djibouti, worth over US$1.5 billion.
• Defending solicitors in professional negligence claims and advising on indemnity issues.
• Acting for a property developer and manager of a number of developments in rent recovery and various enforcement actions to obtain injunctions and orders compelling owners and/or occupiers to rectify their breach of deed of mutual covenant.
• Acted for a global investment company in an arbitration involving an award of over US$500 million and successfully settled another arbitration at less than a quarter of the claim amount.
• Acted for undertakings under investigation by the Competition Commission in Hong Kong, including dawn raid, section 41 notices for documents and information, section 42 interviews, cooperation and Kam Kwong
• Acted for a service company in various investigations by the Electrical and Mechanical Services Department of the HKSAR Government.
• Acted for a licensed person in a proposed disciplinary action by the Hong Kong’s Securities and Futures Commission (SFC) in 2020. The SFC decided not to proceed with the proposed disciplinary action in 2021.

Case Highlights

• DP World Djibouti FZCO & ors v China Merchants Port Holdings Company Limited, HCA 1951/2018 & CACV 86/2020, [2022] HKCA 1330, 7 September 2022 (successfully opposed a forum non conveniens application)
• Li Jian Chai v TC Orient Lighting Holdings Limited, HCA 1228/2016, [2022] HKCFI 2324, 2 August 2022 (successfully defended a former director’s claim for outstanding bonus and successfully counterclaimed for the return of paid bonuses)
• 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 and [2021] HKCA 500 (successfully defended a building management case and the application for leave to appeal in respect of LDBM 53/2014 was dismissed in CAMP 128/2019)
• 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)

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