Picture of  Esther Mak

Esther Mak    麥凱淇大律師

Call: 2019 (HK)

Profile

Esther joined Chambers after completing her pupillage with Ms Eva Sit (now Ms Eva Sit SC), Ms Maggie Wong SC, Ms Sara Tong (now Ms Sara Tong SC) and Mr Jonathan Chang (now Mr Jonathan Chang SC). She is developing a broad civil practice and has been instructed in cases involving areas such as commercial, company, civil fraud, professional liability and disciplinary, securities and injunctive relief. Esther accepts instructions in all areas of Chambers’ work.

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Selected Cases

Commercial

  • Chen Lingxia v 中 國 金 谷 國 際 信 託 有 限 責 任 公 司 & ors [2021] HKCFI 982: appeared on behalf of the defendant to stay Hong Kong proceedings on ground of forum non conveniens (led by Laurence Li SC)

  • Paloma Co Ltd v Capxon Electronic Industrial Co Ltd [2020] HKCFI 3050: appeared on behalf of judgment debtor to resist the appointment of receivers by way of equitable execution and to discharge Chabra injunction (led by José Maurellet SC)

  • Credit One Finance Ltd v Yeung Kwok Chi & ors [2020] HKCFI 2450; [2021] 1 HKC 598: appeared on behalf of finance company in trial, with issues concerning whether defendant was unjustly enriched by payment into joint account, whether reliance necessary for change of position defence (led by Jonathan Chang SC)

  • Zhang Qiang v Cisco Systems (HK) Limited [2021] HKCFI 694: appeared on behalf of the defendant in 8-day trial on breach of contract and wrongful termination (led by Jin Pao SC)

  • Bank of Communications Trustee Ltd v China Energy Reserve and Chemical Group Overseas Co Ltd & anor HCA 146/2020: acted for the plaintiff in proceedings on default of bonds issued by the China Energy Reserve and Chemical Group (application for stay of execution of summary judgment: see [2021] HKCFI 486) (led by Charles Manzoni SC and with Sara Tong)

  • Guoan International Limited v Chong Chin & Yao Sze Ling: acted for the appellant in proceedings in respect of maturity of convertible bonds issued for purchase of securities brokerage firm (stay of execution pending appeal: see [2022] HKCFI 367) (led by Laurence Li SC)

  • Giant Harvest Ltd v Nan Hai Corporation Ltd & anor [2021] HKCFI 870: appeared on behalf of the defendants for leave to adduce expert evidence in dispute concerning share purchase agreement of cinema business in China (led by Eva Sit SC)

  • Kot See For v Lam Man Cheung & ors [2021] HKCFI 1029: appeared on behalf of the plaintiff to resist striking out of claims in unjust enrichment and constructive trust (with Sara Tong); [2021] HKCFI 1902: leave to appeal (sole advocate)

  • Yu QuanLi and Lou XiaoJie v UBS AG HCA 2975/2018: acting for UBS to defend claims for breach of contract, negligence and vicarious liability for tort and breach of Quistclose trust (led by Sara Tong SC)

  • Company

  • Re Yanley Investment Limited HCMP 98/2017 & HCA 1060/2017: trial in respect of unfair prejudice petition (led by Benjamin Yu SC and with Sara Tong)

  • Barlow Investments Limited (in liquidation) v Cliftons Limited (in creditors’ voluntary winding up) & anor [2021] HKCFI 1193, [2021] 4 HKC 382: appeared on behalf of liquidators to resist application to reverse decision in creditors’ meeting under section 255 of Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (led by Eva Sit SC)

  • Wong Tak Ming & anor v Creative Pacific Limited [2020] HKCFI 973: appeared on behalf of minority shareholder in application for inspection of company documents under section 740 of the Companies Ordinance (Cap. 622) (led by Jonathan Chang SC)

  • Elliott International LP & ors v The Bank of East Asia Ltd & ors [2020] HKCFI 310: appeared on behalf of the 2nd to 19th Respondents to seek discovery under Order 24 rules 3 and 10 of the Rules of High Court (Cap. 4A) (led by Benjamin Yu SC and Bernard Man SC, with Brian Lee)

  • Insolvency

  • AI Global Investment SPC v Rare Earth Magnesium Technology Group Holdings Ltd [2022] HKCFI 1317: appeared on behalf of the petitioner in application for winding up, with issues concerning restructuring scheme of arrangement and second core requirement (led by José Maurellet SC)

  • Chen Yung Ngai Kenneth & anor v Alan Chung Wah Tang & anor [2022] HKCA 110: appeared on behalf of trustees-in-bankruptcy to seek production of information and documents relating to litigation funding under section 29 of the Bankruptcy Ordinance (Cap. 6) (led by Bernard Man SC)

  • Yeo Boon Ann and Chan Leung Lee (Joint and Several Trustees in bankruptcy of Margaret Chiu) v Marspan Limited & anor [2021] HKCFI 2799; [2021] 6 HKC 683: appeared on behalf of trustees-in-bankruptcy in application under section 58 of the Bankruptcy Ordinance (Cap. 6) (led by Jin Pao SC)

  • Arbitration

  • HKIAC Rules: dispute over share sale and repurchase transaction involving claims of around US$500 million (led by Charles Manzoni SC)

  • HKIAC Rules: enforcement of obligations and proprietary rights under sale and purchase agreement (led by Rimsky Yuen SC)

  • X v Y [2020] HKCFI 2782; [2021] 2 HKC 68: appeared on behalf of award debtor to resist application to set aside enforcement order for arbitral award under section 86 of the Arbitration Ordinance (Cap. 609) (led by Jonathan Chang SC and with Martin Ho)

  • Appeared on behalf of award debtor in application for leave to set aside arbitral award (led by Bernard Man SC)

  • Civil Fraud / Asset Recovery

  • Kot See For v Lam Man Cheung & ors

    • Appeared on behalf of the plaintiff in resisting appeal concerning issues of privilege against disclosure on ground of self-incrimination and safeguards for protection against risk of exposure to criminal proceedings [2021] HKCA 348; [2021] 2 HKLRD 263; [2021] 4 HKC 185 (leave to appeal to the Court of Final Appeal: see [2021] HKCFA 31) (led by Rimsky Yuen SC)

    • Appeared on behalf of the plaintiff to seek proprietary injunction and ancillary disclosure orders on conspiracy to injure and fraudulent misrepresentation claims: [2019] HKCFI 1871 (with Sara Tong)

  • Malayan Banking Berhad, Singapore Branch v Legend Six Holdings Ltd & anor [2020] HKCFI 990: appeared on behalf of the applicant to seek pre-action discovery for intended proceedings for letter of credit fraud (led by Victor Dawes SC)

  • TTI Global Resources Hong Kong Ltd v Hongkong Myphone Technology Co Ltd & ors [2021] HKCFI 306: appeared on behalf of the plaintiff to seek summary judgment for email fraud, raising issues of whether bona fide purchaser for value defence and change of position defence defeated by illegality (sole advocate)

  • Dingway Investment Limited v China City Construction & Development Co (Hong Kong) Limited & ors [2022] HKCFI 2314: appeared on behalf of the plaintiff to seek Mareva and proprietary injunctions (led by Rimsky Yuen SC)

  • Securities & Regulation

  • Securities and Futures Commission v Adamas Asset Management (HK) Limited [2021] HKCFI 729: acted for the SFC in winding up petition on public interest grounds and appointment of provisional liquidators (with Sara Tong)

  • Appeared on behalf of the SFC in SFAT proceedings against a principal investment adviser (with Sara Tong)

  • Advised on merits of intended proceedings under sections 212 and 214 of the Securities and Futures Ordinance (Cap. 571) (led by Eva Sit SC)

  • Disciplinary

  • Appeared against accountants in proceedings before the Disciplinary Committee of the Hong Kong Institute of Certified Public Accountants on inter alia failure to identify misstatements in the accounts of China Forestry Holdings Co Ltd (with Sara Tong)

  • Acted for the Registrar of the Hong Kong Institute of Certified Public Accountants in adopting for the first time the Carecraft procedure in the context of accountants’ disciplinary proceedings under the Professional Accountants Ordinance (Cap. 50) (with Sara Tong)

  • The Practice Review Committee of the Hong Kong Institute of Certified Public Accountants v Li Sau Ying [2022] HKCA 319: appeared on behalf of the Practice Review Committee to resist appeal against the order of the Disciplinary Committee on the deficiencies in accounting system’s quality control and audit engagements (sole advocate)

  • Appeared on behalf of doctors in Medical Council Inquiry in proceedings concerning freedom of expression in dissemination of service information (led by Abraham Chan SC)

  • Equity / Trust

  • Poon Loi Tak (Administrator of the late Poon Nuen) v Poon Loi Cheung Desmond HCA 3348/2016: appeared on behalf of the defendant in 11-day trial on the beneficial ownership of credit balances in the deceased’s bank accounts (with Sara Tong)

  • Chan Sunny (as executor of the estate of deceased Kam Shan Lin) v Chen Min Chun & ors [2022] HKCFI 1659: appeared on behalf of the defendants to strike out the plaintiff’s claim to trust assets on grounds of limitation, lack of locus standi and abuse of process (with Sara Tong)

  • Injunction / Contempt

  • DAC China SOS (Barbados) SRL v Pacific Harbor Advisors Pte Ltd

    • Appeared on behalf of the plaintiff to resist discharge of proprietary injunction in aid of arbitration: [2020] HKCFI 365 (led by Rimsky Yuen SC)

    • Application for contempt of court on ground of failure to comply with undertakings and disclosure order, raising issues on attribution of director’s knowledge to company and personal liability of director: [2022] HKCFI 969 (led by Rimsky Yuen SC)

  • 浙 江 大 通 輕 紡 有 限 公 司 v He Bin & anor [2022] HKCFI 1987: appeared on behalf of the defendant to resist Mareva injunction in proceedings for enforcement of PRC judgment in Hong Kong (sole advocate)

  • Airport Authority v Persons unlawfully and wilfully obstructing or interfering with the proper use of the Hong Kong International Airport [2019] HKCFI 2104: appeared on behalf of the plaintiff in its application to continue injunction over Hong Kong International Airport (led by Victor Dawes SC and with Jonathan Chang)

  • MTR Corporation Ltd v Persons unlawfully and wilfully obstructing or interfering with the proper use and operation of the railway as defined in the Mass Transit Railway Ordinance (Cap. 556) [2019] 4 HKRLD 446: appeared on behalf of the plaintiff in its application to continue injunction over the MTR (led by Benjamin Yu SC and with Jonathan Chang)

  • Secretary for Justice & ors v Persons unlawfully conducting themselves in any of the acts prohibited under paragraph 1(a), (b) or (c) of the Indorsement of Claim [2019] 5 HKLRD 500: appeared on behalf of the Hong Kong Journalists Association to vary the injunction restraining “doxxing” against police officers to give exemption in respect of “news activity” by journalists and news agencies (led by Jin Pao SC and with Albert Wong)

  • Property & Conveyancing

  • Wing Ming Garment Factory Ltd v Sanwa Trading (HK) Ltd [2021] HKCFI 3357: appeared on behalf of the defendant in trial on interpretation of assignment and Deed of Mutual Covenant (led by Jonathan Chang SC)

  • Public Law / Judicial Review

  • SUNeVision Holdings Ltd v Hong Kong Science and Technology Parks Corporation [2020] HKCFI 548; [2022] HKCA 763: acting on behalf of the Hong Kong Science and Technology Parks Corporation in judicial review proceedings concerning its policy of restricting subletting and sharing of occupation (led by Wong Yan Lung SC and Eva Sit SC)

  • Tax / Revenue

  • Ngai Sau Ying v Collector of Stamp Revenue [2019] HKCA 1104; [2019] 5 HKC 547: whether a transaction involving two assignments was an exchange, chargeability of stamp duty under sections 25(7) and 27 of the Stamp Duty Ordinance (Cap. 117) (led by Stewart Wong SC, appeared as amicus curiae)

  • Others

  • Poon Loi Tak (Administrator of the late Poon Nuen) v Poon Loi Cheung Desmond [2020] 1 HKLRD 511: application to expunge parts of witness statements and items of disclosure on ground of without prejudice privilege (with Sara Tong)

  • Tang Kwok Pang v Kot See For (2021) 24 HKCFAR 288: procedure upon non-prosecution of appeal and disposition of security paid into Court (sole advocate)

  • The Hong Kong Institute of Certified Public Accountants v Yeung Kwong Tat Edward [2021] HKCFI 1811: application for order under section 27 of the High Court Ordinance (Cap. 4) and restricted proceedings order (sole advocate)

  • Re Simpson QC [2019] 5 HKLRD 441: appeared on behalf of the Hong Kong Bar Association to resist ad hoc admission of overseas silk without instruction of local barrister (led by Gladys Li SC and Stewart Wong SC, with Anthony Chan)

  • Practice Areas

  • Commercial
  • Company
  • Insolvency
  • Arbitration
  • Injunction / Contempt
  • Civil Fraud / Asset Recovery
  • Securities & Regulation
  • Professional Liability
  • Banking / Finance
  • Restitution / Unjust Enrichment
  • Conflict of Laws
  • Equity / Trust
  • Property & Conveyancing
  • Probate / Succession
  • Public Law / Judicial Review
  • Education

    2017

    BCL, University of Oxford (Distinction, First Class in all subjects)

    2016

    BA in Jurisprudence, University of Oxford (First Class Honours)

    Publications And Articles

  • Associate Editor, Oxford University Commonwealth Law Journal (2016-17)

  • Senior Associate Editor, Oxford University Undergraduate Law Journal (2015-16)

  • Associate Editor, Oxford University Undergraduate Law Journal (2014-15)

  • Scholarship And Prizes

    2019

    Bar Scholarship

    2018

    Robertson Prize for the best performance in civil litigation in Postgraduate Certificate in Laws

    2017

    Hou De Charitable Foundation Scholarship for Postgraduate Certificate in Laws

    2016

    7 King’s Bench Walk Commercial Law Moot – Champion and Best Oralist

    2016

    University College Prize for outstanding performance in Final Honour School

    2016

    Peter Rowley Prize for the best performance in the Land Law paper in Final Honour School examinations, awarded by University College

    2014 - 2016

    University College Scholarship for academic excellence

    2014

    Hogan Lovells Academic Prize for the best results in Law Moderations, awarded by University College

    2013

    Swire Scholarship–Full scholarship for three years to read law at University College, Oxford

    languages

    English, Cantonese and Putonghua

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