Justin Ismail > Rede Chambers > Hong Kong, Hong Kong > Lawyer Profile

Justin Ismail

Position

Justin is developing a broad practice spanning all of chambers’ main practice areas, with particular interests in landlord and tenant disputes, building matters, general company and commercial disputes, and civil fraud. He is regularly instructed to appear as sole counsel in the High Court as well as part of a larger team in more substantial cases. His practice also involves a wide range of advisory work.

RECENT HIGHLIGHTS

• Ng Yuk Pui Kelly v Ng Lai Ling Winnie (as the executor of the estate of Dung Wai Man, Deceased) and ors [2021] HKCFA 40 (reported in (2021) 24 HKCFAR 401). Instructed as junior counsel for the plaintiff in the Court of Final Appeal, in an important case examining the scope and application of the doctrine of contractual estoppel (with Anthony Ismail). Also instructed as junior counsel in the substantive appeal in the Court of Appeal [2021] HKCA 724 (reported in [2021] 5 HKC 1); sole counsel in the Court of Appeal resisting the application for stay pending appeal and for leave to amend the appeal notice [2021] HKCA 134 (reported in [2021] 1 HKLRD 1037); and junior counsel in the 21-day trial [2019] HKCFI 210.
• Lam Kin Chung v Soka Gakkai International of Hong Kong Ltd [2022] HKCA 480. Instructed as junior counsel for the company in the Court of Appeal, in the first appellate case to determine whether a member of a charitable company has standingto bring a derivative action under ss 732-734 of the Companies Ordinance (Cap. 622) in respect of wrongs done to it, and the first to hold that a member of a charitable company in Hong Kong must exercise his voting rights consistently with his fiduciary duty owed to the charitable objects of the company, following the UK Supreme Court’s decision of Lehtimaki and others v Cooper [2020] UKSC 33 (commonly known as “the Children’s Investment Foundation Fund (UK) (“CIFF”) case”) (led by Ambrose Ho S.C. and Michael Yin). Also instructed as junior counsel in the Court of First Instance [2018] HKCFI 747 (reported in [2018] 2 HKLRD 769 and [2018] 4 HKC 489); and HCMP 1002/2017 (unrep., 02.11.17).
• Leung Wai Ling Isewesg v Success Base Engineering Limited [2021] HKCA 310 (reported in [2021] 4 HKC 80). Instructed as sole counsel for the plaintiff landlord in the Court of Appeal, in a case concerning a dispute over the scope of a landlord’s obligations under a tenancy agreement. Also instructed in the Court of First Instance [2020] HKCFI 163.
• Re Lee Yang, Shiu Chuen Joyce [2021] HKCFI 2468 (reported in [2021] 4 HKLRD 252 and [2021] 6 HKC 515).  Instructed as sole counsel for the applicant in the Court of First Instance, in a case concerning the grant of vesting orders for shares in a company previously held on trust by nominal companies that have been dissolved. The decision is of considerable interest and practical importance in light of its clarification of the law and procedure as regards joining the Secretary for Justice (or Attorney-General in a foreign jurisdiction) as a respondent before property can be properly vested in a beneficiary under s 52(1)(b)(iii) of the Trustee Ordinance (Cap. 29).
• Goldteam Group Ltd v Qin Hui [2021] HKCFI 2422 (reported in [2021] HKC 708). Instructed as junior counsel for the plaintiff in the Court of First Instance, in a case concerning the recovery of a loan debt of over HK$150 million (led by CY Li S.C.). The decision clarifies a vitally important point of procedural law, namely whether service of a writ within jurisdiction is valid where a defendant, who is not within jurisdiction at the time a writ is delivered, nonetheless acquires knowledge of it at the time and subsequently returns to jurisdiction prior to its expiry.
• UNA Trading FZE v Hong Kong Numismatic Promotion Ltd and ors(pending trial in June 2022). Instructed as junior counsel for the plaintiff in the Court of First Instance, in a case concerning restitution of funds of over HK$81 million mistakenly remitted to third party recipients as a result of fraud (with Joyce Leung).

Justin read Law at the University of Oxford and went on to receive his postgraduate degrees from the University of Hong Kong. He took a Distinction in the Master of Laws and was awarded the Woo Po Shing Medal in Law for civil and criminal advocacy. He is also a recipient of the Middle Temple Advocacy Scholarship. He is currently a part-time Tutor on the PCLL civil advocacy course at HKU.

Prior to joining the Bar, Justin worked for a top silk at a top-tier chambers in London. On his return to Hong Kong, he successfully completed his pupillage under the supervision of Ambrose Ho S.C., Abraham Chan (now Abraham Chan S.C.), Edwin Choy (now Edwin Choy S.C.) and Andrew Mak. He commenced practice in 2017 and joined Rede Chambers as one of its first tenants in 2022.

OTHER NOTABLE CASES

Building

• Advised on a question of interpretation arising out of ss B12.7 of the Code of Practice for Fire Safety in Buildings 2011 (led by Benjamin Yu S.C.).

Companies

• Re Jetlag LimitedHCMP 766/2018. Instructed as junior counsel for the applicant in the Companies Court seeking relief under an unfair prejudice petition (with Joyce Leung). Also instructed as junior counsel in the related actions of HCA 834/2020 and HCA 835/2020 (with Joyce Leung).

Civil fraud

• Zief Incorporated v Tekchandani Ajai Mohan and ors [2021] HKCFI 38 (reported in [2021] 3 HKC 69). Instructed as junior counsel for the plaintiff in the Court of First Instance, in a case concerning restitution of funds mistakenly remitted to a third party recipient as a result of fraud (with Joyce Leung).

Commercial disputes

• Maxim’s Caterers Limited v Max Joy Asia LimitedDCCJ 6137/2019. Instructed as sole counsel for the plaintiff in the District Court in an upcoming trial for breach of a services contract.

Insurance

• Lo Siu Wa v Employees Compensation Assistance Fund Board and anor[2018] HKCFA 3 (reported in (2018) 21 HKCFAR 8 and [2018] 2 HKC 40). Instructed as junior counsel for a major insurance company in the Court of Final Appeal, in a case concerning the breadth of coverage of an insurance agreement understood in the context of the compulsory insurance scheme under Part IV of the Employees’ Compensation Ordinance (Cap. 282) (with Anthony Ismail)

Landlord and tenant

• Re UA Cinemas Circuit Limited HCCW 99/2021. Instructed as sole counsel for the applicant landlord in the Companies Court seeking (1) leave to commence proceedings against the respondent tenant company (formerly a well-known company running a chain of cinemas in Hong Kong) upon its presentation of a winding-up petition and (2) an order for immediate possession of premises.
• Jade Mate Limited v Chickeeduck Retail (Hong Kong) LimitedHCA 1344/2020. Instructed as junior counsel for the plaintiff landlord in the Court of First Instance seeking an injunction to remove an unauthorised article from the defendant tenant’s shop premises (led by CY Li S.C.).

Personal Injuries

• Advised on the quantum of damages to be awarded to a person falling within the “Disaster” category of personal injuries (assisting Alice Mok QC, S.C.)
• Advised on the prospects of a claim for tort against the person arising out of an incident during the period of social unrest in 2019 (assisting Alice Mok QC, S.C.)

Probate and administration

• In re the estate of Herman Hendrik Alberts[2019] HKCFI 2900. Instructed as sole counsel for the applicant in the Court of First Instance in a 2-day trial to resist the invalidation of a purported will and to obtain a grant of letters of administration.

Public law / judicial review

• Marasinghe v Director General of Civil Aviation HCAL 1457/2018 (judgment pending). Instructed as junior counsel for the applicant in the Court of First Instance seeking leave to apply for judicial review of a decision of the Director General of Civil Aviation (led by Robert Whitehead S.C. and Thomas Lee).
• Chao Wei Ting Ronna v Appeal Tribunal (Buildings) (interested party: Building Authority)[2019] HKCFI 2950 (reported in [2020] 1 HKLRD 467). Instructed as junior counsel for the interested parties in the Court of First Instance in a judicial review of a decision of the Appeal Tribunal (Buildings) (with Anthony Ismail).
• Building Authority v Appeal Tribunal (Buildings) (interested parties: Freedom Pacific Limited, Wave Treasure Investment Limited)[2018] HKCFI 2761 (reported in [2019] 1 HKLRD 513). Instructed as junior counsel for the interested parties in the Court of First Instance to resist a judicial review of a decision of the Appeal Tribunal (Buildings) (with Anthony Ismail). Also instructed as sole counsel to vary a costs order nisi [2020] HKCFI 1245.

Town planning

• Town Planning Board v Town Planning Appeal Board FACV 8/2016 (unrep., 16.02.2017) (reported in (2017)20 HKCFAR 196 and [2017] 2 HKC 372). Instructed as junior counsel for the interested parties in the Court of Final Appeal, in a case concerning whether the Town Planning Board has jurisdiction under s 17 of the Town Planning Ordinance (Cap. 131) to review its own decisions on the fulfilment of conditions imposed when granting planning permission (led by Anthony Neoh S.C. and Anthony Ismail).

Other

• Advised a major U.S. corporation on the consumer protection regime in Hong Kong as well as the interrelationship between representative proceedings brought under RHC O.15, r.12 and the class action regime brought under U.S. law (assisting Ambrose Ho S.C.).

SEMINARS

• “Judicial review against decisions of the Building Authority”, Law Lectures for Practitioners 2019 (held by the Faculty of Law, University of Hong Kong) (with Anthony Ismail)
• “Plugging the Expectation Gap: The Future of Charities Regulation in Hong Kong”, CPD lecture (at the invitation of the Legislative Council) (with Ambrose Ho S.C.)

Career

Call: 2016

Languages

Chinese, Mandarin, working knowledge of French and Spanish.

Memberships

• Tutor (part-time) in Civil Advocacy (PCLL), University of Hong Kong (2021-)

Education

EDUCATION

• PCLL, University of Hong Kong (2014-2015)
• LLM, University of Hong Kong (Distinction) (2013-2014)
• BA in Jurisprudence (now MA), Corpus Christi College, Oxford (2010-2013)

SCHOLARSHIPS AND PRIZES

• The Middle Temple Advocacy Scholarship (2019)
• The Woo Po-shing Medal in Law (2015)
• Runner-up, Oxford Hong Kong Mooting Competition (2011 & 2012)