Nick LuxtonBack to Barrister search
Year of call: 1999 (Victoria, Australia), 2014 (Hong Kong), 2006 (Solicitor: Hong Kong)
Nick practises commercial law, maritime law and arbitration. He was called to the Bar after many years’ experience as a solicitor handling commercial disputes, and has a strong understanding of how barristers can best work with solicitors to support their clients.
Nick has experience in contractual disputes, banking and finance law, employment law, insurance law and international arbitration (with a focus on maritime law and international sale of goods). Particular areas of expertise include:
– Urgent injunctions in commercial disputes, including asset freezing orders relating to commercial fraud
– Jurisdictional disputes, including anti-suit injunctions and forum challenges
– Applications to either set aside or enforce arbitral awards
– Obtaining orders for the preservation and inspection of property in aid of local and foreign proceedings
Nick also specialises in maritime and international trade law, including disputes about shipping collisions, ship sale and purchase, and cargo claims. He has appeared in trials of admiralty actions in the Hong Kong High Court, and in numerous arbitrations concerning charterparty disputes. Further, he has handled applications for judicial sale of ships and distribution of proceeds of sale.
Nick is listed in Doyle’s Guide 2020 as a leading Junior Counsel for Maritime, Shipping and Transport Law in Hong Kong.
He is a Fellow of the Chartered Institute of Arbitrators and a CEDR accredited mediator.
Direct Phone Number: +852 2689 5336
1997, LLB (Honours), University of Melbourne, Australia
1997, BA (Honours), University of Melbourne, Australia
Fellow of the Chartered Institute of Arbitrators (FCIArb)
Centre for Effective Dispute Resolution (CEDR) Accredited Mediator
Committee Member, Hong Kong Maritime Law Association
Cases involved in:
OCBC WING HANG BANK LTD V KAI SEN SHIPPING COMPANY LTD  1 HKLRD 1217;  4 HKC 503
APPLICATION TO STAY HONG KONG PROCEEDINGS TO ARBITRATION; GOVERNING LAW OF ARBITRATION AGREEMENT; INCORPORATION OF ARBITRATION AGREEMENT BY REFERENCE; SUBMISSION TO ARBITRATION
BRIGHT SHIPPING LTD V CHANGHONG GROUP (HK) LTD  HKCFA 24
APPLICATION TO STAY HONG KONG PROCEEDINGS ON FORUM NON CONVENIENS GROUNDS; SHIPPING COLLISION; RELEVANCE OF LIS ALIBI PENDENS; PLACE OF COMMISSION OF TORT; RELEVANCE OF LIMITATION OF LIABILITY (LED BY CHARLES SUSSEX SC)
BRIGHT SHIPPING LTD V CHANGHONG GROUP (HK) LTD  2 HKLRD 220
STRIKE OUT OF APPEAL FOR FAILURE TO OBTAIN LEAVE; FORUM NON CONVENIENS APPLICATION RELATING TO SHIPPING COLLISION
QVIST HENRIK V CLATRONIC FAR EAST LTD  HKCFI 2464;  1 HKLRD 703 (COSTS)
EMPLOYMENT LAW; UNLAWFUL DISMISSAL OF SENIOR EXECUTIVE; GROUNDS FOR SUMMARY DISMISSAL; SANCTIONED OFFER AND AWARD OF ENHANCED INTEREST AND INDEMNITY COSTS
REiNHOLD THURNER V EXCELLENT CENTURY HOLDINGS LTD  HKCFI 743
CLAIM RELATING TO FRAUD PERPETRATED AGAINST PLAINTIFF; TRACING OF FUNDS; APPLICATION TO SET ASIDE DEFAULT JUDGMENT AND GARNISHEE ORDER
Remedy Asia Ltd v Yick Shing Contractors Ltd  HKCFI 2673
Construction law; claims by sub-contractor for landslip preventative measures works for slopes.
Classics International Ltd v Claret House Company Ltd  HKCFI 163
Sale of rare sports car; order for specific performance; resisting stay of execution.
Dubai International Real Estate v Al Ahmadiah Contracting and Trading & Hip Hing Overseas Ltd  HKCFI 613
Application to set aside order for enforcement of arbitral award.
Newocean Petroleum Company Ltd v Rio Tinto Shipping (Asia) Pte Ltd HCA 2265/2016;  HKCA 485
Further application to set aside service outside jurisdiction; supply of bunkers.
Newocean Petroleum Company Ltd v Rio Tinto Shipping (Asia) Pte Ltd HCA 446/2015
Application to set aside service outside jurisdiction; supply of bunkers.
CARGILL INTERNATIONAL TRADING PTE LTD V LOYAL BASE DEVELOPMENT LTD (HCCL 12/2015, 24 NOVEMBER 2015)
LETTER OF INDEMNITY; MANDATORY INJUNCTION; WHETHER THE OPERATION OF THE INDEMNITY WAS TRIGGERED; RELEASE OF VESSEL (LED BY CLIFFORD SMITH SC)
Ever Judger Holding Company Ltd v Kroman Celik Sanayii Anonim Sirketi  3 HKC 246;  2 HKLRD 866
Anti-suit injunction; arbitration agreement.
Global Maritime Trust (S) Pte Ltd v Fortress Group Limited (2014) 913 LMLN 3, HCCL 23/2014
Mandatory injunction; letter of indemnity.
HKIAC Arbitration – International sale of goods; demurrage claim; legal readiness of vessel.
HKIAC Arbitration – Charterparty; nomination of discharge port; demurrage; duplicate bills of lading.
HKIAC Arbitration – International sale of goods; formation of contract; failure to supply cargo of iron ore.
Anti-Suit Injunctions in Hong Kong: Recent Developments
Nick Luxton (Author)
Arrest of Ships in Hong Kong
Nick Luxton (Author)
Email Scams: Urgent Action for Recovery of Funds
Nick Luxton (Author)
Hong Kong Civil Procedure
Andrew Bruce SC (Head of Chambers) (Consultant Editor) and Nick Luxton (Contributing Editor) and Azan Marwah (Contributing Editor) and Jacqueline Chan (Contributing Editor) and Tina Mok (Contributing Editor) and Au Lut Chi (Contributing Editor (2018 - current))
- Interlocutory injunctions: key issues & practical tips.
- Admiralty jurisdiction in Hong Kong – case update.
- Applications to set aside arbitral awards in Hong Kong.
- Insolvency law issues for the shipping industry.
- Jurisdictional disputes in Hong Kong – service out, forum non conveniens & anti-suit injunctions.