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:
[HCA5913/1997] – a striking-out application
[HCA2210/2015] – set aside default judgment
[HCA92/2007] – admission of hearsay evidence
[HCA1359/2017] – leave to serve concurrent writ out of jurisdiction & resist a stay application
[DCCJ766/2017] – sought an injunction order
[HCA515/2019] – obtained declaration and injunction in default judgment application
[HCA1658/2018] – struck out part of witness statements
Bankruptcy/Insolvency:
[HCB4855/2005] – annulment of a bankruptcy order
[HCCW360/2013] – creditor and the liquidator dispute
[HCMP377/2019] – a dispute between a mortgagee against a bankrupt defendant in an O.88 action
Building & Construction/Arbitration:
[HCCT54/2016] – challenged the court’s jurisdiction and advised a party in the arbitration proceedings
[DCCJ3993/2018] – a building contract dispute between a furniture manufacturer and a subcontractor
Defamation:
[DCCJ2702/2016] – an online libel case –
Land/Trust:
[HCA1658/2018] – a constructive trust case –
[HCA92/2007] – a property/trust dispute –
[HCMP1011/2000] – a property/trust case –
[HCMP192/2016] – an adverse possession case –
[HCMP903/2017] – sought a partition order under the Partition Ordinance
[HCA1637/2021] – acted and advised in a property / trust dispute
Fraud / Trust
[HCA1658/2018] – common intention constructive trust case
[HCA515/2019] – a fraudulent misrepresentation / constructive trust dispute
[HCA252/2020] – a fraud / money had and received / constructive trust dispute
[HCA467/2019] – a fraudulent misrepresentation / constructive trust dispute
Mediation
Frequently acted as the mediator in civil matters at HKEMC mediation centre
[FCMC127/2019]; [FCMC7387/2019] – matrimonial cases
General Commercial / Contracts:
[DCCJ3590/2018] – a commercial tenancy dispute
[HCSA30/2016] – a Small Claims Tribunal appeal case
[DCCJ651/2017] – advice in a loan/investment contract dispute
[DCCJ997&1849/2020] – a commercial agreement dispute
[DCMP1869/2020] – a partnership dispute
[HCA1664/2021] – food supply contract dispute / debt recovery
[HCA1592/2021] – a conspiracy to defraud case
Matrimonial Matters
[FCMP70/2017] – Acted and advised in a PtIIA (MPPO) application
[FCMP175/2017] – Acted and advised in an application for financial relief
Personal Injuries
[DCPI618/2017] – Advised on quantum and appeared for the assessment of damages
[HCPI6/2016] – Advised on liability and quantum
[HCPI491/2017] – Advised on liability and quantum
[HCPI1013/2016] – Advised on quantum
[DCPI204/2018] – Acted and advised in a PI dispute between a subcontractor and the injured employee of a lighting supplier
(NOTE: This is NOT an exhaustive list.)