Elizabeth Y Cheung 張怡大律師

T: (+852) 2523 2003
E: echeung@templechambers.com
Secretary: Karmen Yiu T: (+852) 2248 1883

Professional qualifications

Call: 2007 (HK)
Accredited as a mediator by CEDR (2009) and HKMAAL

Education

2004: LLB, London School of Economics.
2005: LLM, Specialising in Corporate Insolvency Law, London School of Economics.

Practice profile

Elizabeth has a broad civil practice with an emphasis on commercial and company matters. She advises and appears regularly in shareholder disputes, disqualification of directors and the appointment of provisional liquidators.

Elizabeth also acts and advises in general commercial disputes, liquidations and bankruptcies, tax matters, contractual disputes, judicial reviews, banking and finance, probate and administration, professional negligence, conflicts of laws and jurisdiction and vendor-purchaser summons.

Elizabeth is regularly appointed as a mediator in a wide range of commercial disputes.

Selected cases

Company matters

Joint and Several Liquidators of AGI Logistics v Commissioner of Inland Revenue [2015] 4 HKLRD 300 - A case involving whether a payment by the CIR to a third party on the company’s instruction after a winding-up petition was presented was void under section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32)

In the Matter of Super Speed Limited (In Liquidation) [2015] 2 HKLRD 965 – A decision of the Court of Appeal that in respect of a bank making loans to a company post petition where the company’s accounts were overdrawn, this was not a disposition of the company’s property avoided by section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32)

Re: The Hong Kong Football Association – HCMP 3286/2013: A successful application under section 122 of the Companies Ordinance (Cap 32) for an order extending time for laying of the companies’ accounts

Re: DSC Holdings Limited: Appointment of Provisional Liquidators

Re: Asia Aluminium Group - HCCW 140-142, 165 & 237/2009: Appointment of Provisional Liquidators to various companies within Asia Aluminium Group of companies and the subsequent winding-up of the companies (led by Ms. Linda Chan S.C. and alone)

Re: The Grande Holdings (HKEX Code: 0186) – HCCW 177/2011: Appointment of Provisional Liquidators

Re: China Packaging Group (HKEX Code: 0572): Appointment of Provisional Liquidators

Re: Hawkins Development Limited - HCCW 215/2007: Successful dismissal of a Winding-Up Petition (led by Mr. Russell Coleman S.C) and the subsequent successful paying out of security for costs under the inherent jurisdiction of the Court post-CJR ([2010] 1 HKLRD 535)

Lo Yan Wah v Pacific Building Material Supplies (HK) Ltd – HCCW 551/2009: Successful striking out of Petition (led by Ms. Linda Chan S.C.)

Billion Wealth Group Ltd v Strategic Media International Ltd – HCMP 2586/2009: Successful enforcement of a Share Charge through originating summons procedure (led by Mr. Peter Ng S.C.)

Re: Crystal Jade Culinary Concepts Holding PTD Limited, HCCW 506/2007: Advising the liquidators of and attendance at various hearings

Re: Greatbo Investment Limited, HCMP 1676/2010: Application under section 290(1) for a declaration that the dissolution of a company is void and to restore the company to the Register

Some general cases

Jose Miranda Da Costa Junior v Lorenzo Yih, HCA 156/2010: Successfully obtained final judgment on liability upon the Defendant’s breach of an unless order for specific discovery (led by Ms. Lisa Wong S.C.). Judgment on costs: [2014] 2 HKLRD 246

Dr. Q v The Health Committee of the Medical Council of Hong Kong, [2014] 2 HKLRD 57: Successful dismissal of an action against the Health Committee seeking an order of contempt for alleged breach of an order of mandamus (led by Mr. Stewart Wong S.C.)

Urban Renewal Authority v Agrila Ltd, HCA 1582/2002: Trial involving the joint-venture between the URA and Cheung Kong (Holdings) Limited in respect of building known as “The Centre” (led by Mr. Benjamin Yu S.C.)

Sinoearn International Limited v Hyundai-CCECC Joint Venture (a firm), (2013) 16 HKCFAR 632: Successful hearing in the CFA involving considerations of the role of business common sense in interpretation of contracts, arising from a dumping of mud contract in respect of dredged mud from Container Terminal No. 9 (led by Mr. Charlie Manzoni S.C.)

Cheuk Shu Yin v Yip So Wan, (2012) 15 HKCFAR 344: Successful hearing in the CFA in respect of whether a resulting trust was caught by the restriction on alienation in the context of Home Ownership Scheme flats (led by Mr. Anderson Chow S.C. and Ms. Eva Sit)

Shih Ching Yang v Tsoi On Pong, [2011] 3 HKLRD 271: Successful application for payment out of funds in Court under charging orders obtained by a bank in light of, inter alia, competing interests of equitable lien holders

China Brilliant Ltd. v Kable Engineering Ltd, HCA 2373/2008: Trial involving issues of structural modifications to properties without BD approval

Li Yuen Ling v Tang Kwong Wai Thomas [2010] 1 HKLRD 522: Vendor-Purchaser Summons

Leung Yun Keung v Citybase Property Management, [2010] 2 HKLRD 1108: Personal injuries trial

Bankruptcy

Re: Winston Chung [2013] 2 HKLRD 649: Obtained a bankruptcy order – judgment dealt with what constitutes a bona fide dispute as to debt where there were allegations there has been a judgment obtained by fraud (led by Mr. Clifford Smith S.C.)

Re: To Cho Ping [2012] 1 HKLRD 125: Resisting the setting aside of a bankruptcy order

Conflict of laws and jurisdiction

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 Limited (裕景興業有限公司) – HCA 961/2008, FAMV 5/2011: [2011] 1 HKLRD 781: Application for stay for arbitration and striking out of pleadings in a case involving PRC laws (led by Mr. Winston Poon S.C.) Related judgments: [2011] 1 HKLRD 781, HCCL 13/2011, CACV 158/2012

XY, LLC v Jesse Zhu – HCA 869/2014: Application for mareva injunction in aid of foreign proceedings under sections 21M and 21N

Liaoyang Shunfeng Iron and Steel Company Limited v Hawkins Development Limited – CACV 234/2011: Successfully obtained an “anti-suit injunction” (led by Mr. Anthony Chan S.C.)

Pacific Aerosupplies Ltd v Dakota Air Parts Intl Inc – HCA1233/2010: Successfully set aside an order for service out of jurisdiction despite an exclusive jurisdiction clause in favour of Hong Kong (led by Mr. Stewart Wong S.C.)

Shenzhen Futaihong Precision Industry Co., Ltd. v BYD Company Limited – HCA 2114/2007: Successfully resisted an application for stay on the grounds of forum non conveniens in a case involving breach of confidence (led by Mr. Winston Poon S.C. and Mr. Godfrey Lam S.C.). Related judgment: [2012] 3 HKLRD 736

Judicial Review

Dr. Li Wang Pong Franklin v Medical Council of Hong Kong [2009] 1 HKC 352: Represented the applicant doctor in a judicial review involving a decision of the Medical Council (led by Mr. Russell Coleman S.C.)

Wise Union Industries Limited v Hong Kong Science and Technology Parks Corporation [2005] 5 HKLRD 620: Represented the applicant in a judicial review (led by Mr. John Bleach S.C. and Mr. Stewart Wong)

Publications and articles

Hong Kong Civil Procedure White Book: Contributing Editor (2009-2013)

Securities and Future Ordinance (Cap. 571): Commentary and Annotations (Sweet & Maxwell) contributor

LexisNexis Practice Note contributor

Others

HKU PCLL Civil Advocacy tutor (2013 – present)

Languages

Mandarin - fluent; French - reasonable