Commercial Law, Arbitration, Mediation, Construction & Engineering Disputes, Defamation, Intellectual Property, Company & Insolvency, Tort & Personal Injuries, Family Law, Land & Property Law, Trust Law, Probate & Administration
Barristers
Richard Sham
Back to Barrister searchYear of call: 2012 (Hong Kong), 2002 (Solicitor: NSW, Australia)
Richard has an advocacy and advisory practice covering a broad range of commercial chancery works and other areas.
Richard appears in a wide range of Courts and Tribunals, both as a sole advocate and as a junior. In addition to his civil practice, Richard also conducts prosecutions for the Department of Justice and acts as a defence counsel in various criminal cases. Richard is listed on both the HK Bar Association’s List of Mediators and HKMAAL’s List of General Mediators and has acted as a mediator in various cases in the areas of building and construction / renovation disputes, general commercial disputes, and negligence claims.
Before being called to the Bar, Richard practised as a solicitor in Sydney since 2002 until he joined IFPI in 2007 as an in-house lawyer working for the recording industry and he has particular experience advising international music companies on IP protection, licensing, enforcement and litigation.
Practice Areas:
Legal Qualifications:
2009, Postgraduate Diploma in Intellectual Property Law, Oxford University.
2005, LLM (Judicial Review; Administrative Law; Government Regulation; Environmental Law & Policy), Sydney University.
2001, Civil engineering and law degree, the University of New South Wales.
Memberships:
Member of the Hong Kong Institute of Trade Mark Practitioners
CEDR Accredited Mediator
HKMAAL Accredited General Mediator
Scholarships, prizes & honourable mentions:
2016, Home Affairs Bureau’s Recognition Scheme for Provision of Pro Bono Legal Services Award.
Languages spoken:
English, Cantonese, Mandarin
Cases involved in:
Interlocutory Matters
HCA 2210/2015
Represented the defendant in setting aside default judgment
PATRICK HUNG HING YU v. HO YIN MAN AND OTHERS [2017] 1 HKLRD 1193
Appeared for the defendant re admission of hearsay evidence
HCA 1359/2017
Appeared for the plaintiff re leave to serve concurrent writ out of jurisdiction & resist defendant’s stay application
DCCJ 766/2017
Appeared for the plaintiffs for an injunction order
FISCALINK INTERNATIONAL LIMITED AND ANOTHER v. YIU YU SUM ALEX AND OTHERS HCA 5913/1997
Appeared for the defendants in a striking-out application
Bankruptcy/Insolvency
HCB 4855/2005
Appeared for the debtor for annulment of a bankruptcy order
HCCW 360/2013
Advised a creditor in a dispute with the liquidator –
HCMP 377/2019
Appeared for the mortgagee against a bankrupt defendant in an O.88 action
Building & Construction/Arbitration
HCCT 54/2016
Appeared for the defendant to challenge the court’s jurisdiction and acted for the defendant in the arbitration proceedings
DCCJ 3993/2018
Advised and acted for a furniture manufacturer and supplier in a building contract dispute
Defamation
DCCJ 2702/2016
Advised and appeared for the plaintiff in a libel case
Land/Trust
HCA 1658/2018
Represented the plaintiff in a trust/public charity case –
HCA 92/2007
Represented the defendant in a property/trust dispute
HCMP1011/2000
Represented the applicant in a property/trust case –
HCMP192/2016
Represented the plaintiff in an adverse possession case –
HCMP903/2017
Appeared for the plaintiff for an order under the Partition Ordinance
Fraud / Trust
HCA1658/2018
Advised and represented the plaintiff in a trust dispute –
HCA515/2019
Advised and represented the plaintiff in a fraudulent misrepresentation / constructive trust dispute
Mediation
Frequently acted as the mediator in civil matters at HKEMC mediation centre
Contracts
DCCJ 3590/2018
Represented the plaintiff in a commercial tenancy dispute
HCSA 30/2016
Represented the respondent in a Small Claims Tribunal appeal case
DCCJ 651/2017
Represented the defendant in a loan/investment contract dispute
Matrimonial Matters
FCMP 70/2017
Appeared for the applicant in a PtIIA (MPPO) application –
FCMP 175/2017
Represented the respondent in an application for financial relief –
Personal Injuries
DCPI 618/2017
Advised the plaintiff for quantum and appeared for the assessment of damages
HCPI 6/2016
Advised the plaintiff on liability and quantum
HCPI 491/2017
Advised the plaintiff on liability and quantum
HCPI 1013/2016
Advised the plaintiff on quantum
DCPI 204/2018
Represented the defendant a contractor against the injured employee of a lighting supplier