Picture of  Eugene Kwan

Eugene Kwan    關宇軒大律師

Call: 2020 (HK)

Profile

Eugene joined Chambers after completing pupillage with Mr. Jin Pao SC, Mr. Jonathan Chang (now Mr. Jonathan Chang SC), Ms. Sara Tong (now Ms. Sara Tong SC) and Mr. Tony CY Li (now Mr. Tony CY Li SC). He is developing a broad civil practice and accepts instructions in all areas of Chambers’ work.

Eugene has appeared in the High Court and the District Court both in his own right and as a led junior. He is involved in cases concerning a wide range of areas, including contractual disputes, shareholders’ disputes, trust, insolvency, arbitration, construction, tax, land matters and judicial review.

During limited practice, Eugene was led in two HKIAC arbitrations. He acted for a Swiss technology company in a CHF 1.5 million investment dispute and a PRC-based medical group in an RMB 500 million contractual dispute. Eugene also has experience in arbitration-related court proceedings, including applications for stay in favour of arbitration and applications to set aside arbitral award.

Prior to joining Chambers, Eugene completed his Bachelor of Laws degree at the Chinese University of Hong Kong as the top graduate of his class. He then obtained his Bachelor of Civil Law degree at the University of Oxford. He was awarded the Bar Scholarship in 2019.

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Selected Cases

Commercial

  • 劉互慈 v. 張永輝(張偉賢之遺產執行人)[2022] HKDC 768 – Successfully resisted application to set aside default judgment (sole advocate)

  • Koo Ming Kown v Young Kwok Hung Clement & Ors (HCA 1619/2014) - Appeared in a trial fixed for 15 days in the High Court (led by Sara Tong SC, with Jonathan Fung)

  • Hip Hing Construction Co Ltd v Hong Kong Airlines Ltd [2022] HKCFI 622 – Appeared on behalf of a major construction company; successfully obtained summary judgment against the Defendant (led by Jonathan Chang SC)

  • Wan Haihong & Others v Deloitte Touche Tohmatsu [2021] 4 HKLRD 770 – Appeared on behalf of a major accounting firm; successfully struck out the Plaintiffs’ claim on limitation grounds (led by Victor Dawes SC)

  • Employment

  • Yu Tai Keung Tim & Wong Chun Kau v Billion Town Corporate Consultants Ltd [2022] HKCFI 2360 – Successfully appealed against decision of Labour Tribunal in relation to payment of commission to employees (led by Jonathan Chang SC)

  • Equity / Trust

  • Lai Chik Kun Michael & Others v The Baptist Convention of Hong Kong [2022] HKCFI 728 – Whether funds held by the sponsoring body of a school were subject to charitable trust; successfully sought leave to amend pleadings and to join the Secretary of Justice as parens patriae (led by Sara Tong SC)

  • Company

  • Shih-Hua Investment Co Ltd v Zhang Aidong & Others [2021] HKCA 81 – Whether appeal relating to a common law derivative action should be allowed to proceed notwithstanding the winding up of a company (with Justin Ho)

  • Conflict of Laws

  • Haller AG & Anor v China Meheco Corporation & Ors [2022] HKCA 1742 – Successfully appealed against CFI decision regarding the proper approach to the “necessary and proper party” gateway under RHC O.11, r.1(1)(c) (led by Jonathan Chang SC)

  • Injunction / Contempt

  • Wayne Enterprises Holdings Inc v Newrgy Trading Ltd (HCA 1582/2022) – Successfully obtained proprietary injunctions and third-party disclosure orders in email fraud action (sole advocate)

  • Li Yinzhou v Cash Technology Ltd & Anor (HCA 924/2022) – Successfully obtained proprietary and Mareva injunctions for civil fraud action (sole advocate)

  • Shih-Hua Investment Co Ltd v Zhang Aidong & Others [2021] HKCFI 2808 – Application to enforce undertakings in damages given in support of two injunction orders (with Justin Ho)

  • Tax / Revenue

  • Panasia International Limited v Commissioner of Inland Revenue B/R 31/2020 –- Whether gains arising from the disposal of a commercial building were chargeable to profits tax (led by Jonathan Chang SC)

  • Arbitration

  • HKIAC Rules– Appeared on behalf of a Swiss bank in relation to disputes arising from a US$400 million credit facility agreement (led by Jonathan Chang SC)

  • HKIAC Rules– Appeared on behalf of a Swiss technology company in a CHF 1.5 million investment dispute (led by Jonathan Chang SC)

  • HKIAC Rules– Appeared on behalf of a PRC-based medical group in an RMB 500 million contractual dispute (with Queenie Lau)

  • HKIAC Rules– Appeared on behalf of the claimant in relation to disputes arising from commercial co-operation agreement (with Danny Tang)

  • Public Law / Judicial Review

  • SUNeVision Holdings Ltd v Hong Kong Science and Technology Parks Corporation [2022] HKCA 1795 – Successfully resisted application for leave to appeal to the CFA (led by Benjamin Yu SC and Sara Tong SC)

  • Practice Areas

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

    2019

    PCLL, Chinese University of Hong Kong (Distinction)

    2018

    BCL, University of Oxford

    2017

    LLB, Chinese University of Hong Kong (First Class Honours, Top of Class)

    Scholarship And Prizes

    2019

    Bar Scholarship

    2019

    Jarvis & Kensington Prize for Trial Advocacy

    2019

    Hong Kong Bar Association Prize for Trial Advocacy

    2018

    HKSAR Government Scholarship

    2017

    Hong Kong Scholarship for Excellence Scheme

    2017

    Johnny Hon China Oxford Scholarship in Law

    2017

    Gallant Ho Prize in Law

    2015 - 2017

    Wei Lun Foundation Scholarship

    2016

    Jessup International Law Moot Court Competition (Hong Kong Rounds) –Champion; Best Oralist; Best Applicant and Respondent Memorials

    2016

    Chartered Secretaries Scholarship

    2016

    Betty Ho Prize in Law

    2016

    Baker & McKenzie LLB Prize

    2016

    To Yuet Lai Scholarship

    2015

    ICC Moot Court Competition – Best Prosecution Oralist; Best Prosecution Team

    2015

    Deacons Prize in Law for Young Leaders

    2014

    ALSA-Herbert Smith Freehills Arbitration Moot – 1st Runner Up

    2013 - 2017

    Academic Excellence Scholarship

    2013 - 2017

    Dean’s List

    2013 - 2017

    Master’s List

    languages

    Putonghua, Cantonese, English,

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