Litigation

Sonny Payne has represented parties in the Hong Kong courts in disputes arising out of a wide range of commercial matters, including:

  • financial instruments, such as convertible notes
  • joint venture and shareholder agreements
  • insolvency and bankruptcy proceedings
  • interim injunctions
  • long-term distributorship agreements
  • building and engineering projects

Since cofounding our firm in November 2017, Sonny has advised and acted for:

  • Hong Kong listed energy company and a former director on multiple and complex litigation proceedings arising out of disputes over the ownership and terms of US$460 million of convertible notes
  • Minority shareholders in unfair prejudice petitions
  • Creditors in contested winding-up proceedings
  • Victims of cyber fraud in actions to freeze and recover stolen funds and other assets
  • Italian construction company in disputes with a sub-contractor arising out of foundation works for a power station in Hong Kong

Sonny was a special counsel at Baker Botts (2015 to 2017) and associate at Jones Day / K&L Gates (2010 to 2015). During that time, he represented clients on the following matters:

  • Incorporated owners of a luxury residential building in High Court proceedings in Hong Kong against an architect
  • Big-four accountancy firm in its capacity as receivers of a Hong Kong listed company (HCMP 395/2015 - In the matter of Birmingham International Holdings Limited)
  • HK$2 billion creditor in a heavily litigated winding up proceeding in Hong Kong against a Hong Kong listed company (HCCW 177/2011 - In the matter of The Grande Holdings Limited)
  • Minority shareholder in a winding-up petition on just and equitable grounds brought in the Cayman courts against a Hong Kong listed company (FSD 14/2015 - In the matter of Boshiwa International Holding Limited)
  • Owner of property in an industrial building in a High Court action against the incorporated owners (HCCT 60/2009 - Wing Ming v The Incorp. Owners of Wing Ming Industrial Centre)
  • Various owners of properties within old multi-story buildings in appeals before the Appeal Tribunal (Buildings) against demolition orders made by the Building Authority of Hong Kong
  • Hong Kong listed media company in winding up proceeding against it (HCCW 120/2015 - In the matter of Sing Pao Media Enterprises Limited)
  • Former directors of a property management company in claims against them for breach of fiduciary duties (HCA 744/2013 - Vigers Hong Kong Limited v Michael Binney and others)
  • Korean chaebol in an appeal to the Court of Final Appeal involving the interpretation of a contract associated with a large reclamation project (Sinoearn International Limited v Hyundai CCECC Joint Venture FACV 22/2012)
  • Main contractor in two cases in the High Court involving disputes with piling subcontractors (Chun Wo Foundation Limited v Sam Woo Holdings Limited HCA 654/2011 & Sam Woo Bored Pile Foundation Limited v Chun Wo Foundation Limited HCCT 49/2008)
  • a case in which sovereign immunity was invoked to resist enforcement of an international arbitration award against a state (FG Hemisphere v Democratic Republic of Congo & Ors HCMP 928/2008)
  • Shareholder actions and statutory derivative actions (Tsang Wai Lun Wayland v Chu King Fai & 11 other directors HCA 300/2009 & Tsang Wai Lun Wayland v Grand Field Group Holdings Ltd HCMP 1059/2008);
  • cases against incorporated owners of multi-storey buildings involving maintenance responsibilities and injunctions to remove unauthorized building works (Cogi v Incorp. Owners of Malahon Apartments HCA 816/2004; Wing Ming v The Incorp. Owners of Wing Ming Industrial Centre HCCT 60/2009)
  • trademark infringement / passing off dispute (Opus Crystal Studio Ltd v Aupu Group Holding Co. Ltd HCA 782/2007)
  • Sovereign immunity case to resist enforcement of an international arbitration award against a state (FG Hemisphere v Democratic Republic of Congo & Ors HCMP 928/2008)
  • Shareholder actions and statutory derivative actions (Tsang Wai Lun Wayland v Chu King Fai & 11 other directors HCA 300/2009 & Tsang Wai Lun Wayland v Grand Field Group Holdings Ltd HCMP 1059/2008);
  • Incorporated owners of multi-storey buildings involving maintenance responsibilities and injunctions to remove unauthorized building works (Cogi v Incorp. Owners of Malahon Apartments HCA 816/2004; Wing Ming v The Incorp. Owners of Wing Ming Industrial Centre HCCT 60/2009)
  • Trademark infringement/passing off dispute (Opus Crystal Studio Ltd v Aupu Group Holding Co. Ltd HCA 782/2007)