Darren C.L. Poon

Darren C.L. Poon

practice profile

Darren joined KM Chong’s Chambers in 2013. He completed his degree in business administration in Pepperdine University and went on to obtain his juris doctor in City University. He completed his pupillage with Mr. Arthur Luk SC, Mr. KM Chong, Mr. Ronald Tang and Mr. Jackson Poon.
Darren is developing a civil practice encompassing land, property, trusts and company disputes. He appears in courts as a sole advocate and a led junior.

education

  • City University - JD (2009 to 2011), and PCLL (2009 to 2011)
  • Pepperdine University, California - Business Administration and Marketing (2004 to 2008)
  • Hong Kong International School - Primary School to High School (1992 to 2004)

Professional Qualifications

Barrister (Call: 2012)

selected cases

  • Land
  • Pang Kai On v. Liu Tak Wai, the Administrator of the Estate of Liu Chiu Pui, Deceased, DCCJ 2116 of 2016
    An adverse possession dispute concerning a piece of agricultural land in the New Territories. The Defendant puts forward a defence of life tenancy whereby his father being the landlord allowed the Plaintiff and his family to use the land in return for harvest or rent.
  • Fong Kai Sing v. Chan Chi Wai Alex and others, DCCJ 5128 of 2015
    An adverse possession dispute concerning a piece of land in Pokfulam Village. The Defendants put forward a defence of life tenancy whereby the Defendants’ father gave the Plaintiff’ the right to live on the land rent-free, while the Defendants continue to pay rates.
  • Yim Kow as manager of Po Lam Tong v. The Personal Estate of Tam Man Yik, DDCJ 1663 of 2014
    The plaintiff sought vacant possession of a piece of land against a deceased tenant who did not appoint a personal representative. The Plaintiff instructed an official solicitor to represent the deceased tenant under Order 15, rule 15.
  • Unionward Investments Ltd v. Yeung Foon Tai, HCA 136 of 2016, 20.4.2017 (led by KM Chong)
    The plaintiff sought summary judgment against the defendant for the return of land lots that were purchased by the Plaintiff but held on trust by the Defendant for the purpose of village type house development.
  • Conveyancing
  • Goldstar Hong Kong Development Ltd v. Kwong Wai Chuen Paul, trading under the name of Paul Kwong & Company Solicitors, HCA 573 of 2014, settled (led by KM Chong)
    The plaintiff sought damages against the defendant, being the solicitors who acted for him in the purchase of shops. The defendant raised a requisition on whether a partition wall in the shop constituted an UBW. The defendant received an architect certificate from the vendor. Despite the Plaintiff being satisfied and instructing to proceed with completion, the solicitors without the client’s consent sought a second architect’s opinion and failed to pay the remaining balance on completion causing the Plaintiff, who had entered into a separate sub-sale agreement, to suffer damages.
  • Pozdnyaev, Denis and Another v. Kinvast Ltd, HCA 1808 of 2014, 5.7.2016 (led by KM Chong)
    The Plaintiff sought summary judgment for the repayment of the deposit and liquidated damages equivalent to the sum of the deposit pursuant to the escape clause.
  • Property
  • Wan Hoi Yan and Po Lok Charity Company Limited v. Hoi Chi Hung and Anor HCA 2177 of 2013, 18.11.2016 (led by KM Chong)
    The plaintiffs sought a return of a property that was held in trust by the defendants as senior members of the temple. The defendants’ applied to strike out on the ground that the 1st Plaintiff lacked locus standi to commence the proceedings. The defendants’ application was unsuccessful and it was held that under Order 120, rule 3(b), the 1st Plaintiff has authority as an interested member of a charity to commence the proceedings.
  • Megawell Development Ltd. v. Centaline Property Agency Ltd. Woo Kwan Lee & Lo and Bright Gold Limited, HCA 2191 of 2011 (led by KM Chong)
    The property developer sold a duplex with a private staircase that connects to the roof. The unusual feature is that the roof was assigned as a common area, however residents were only able to access the roof through the emergency staircase, whereby the fire alarm at the roof door would be set off. The issue is whether the buyer was misrepresented from the sales brochure and the land estate agent in believing that he was purchasing a duplex together with a roof.
  • Danny Cheng Interiors v. Wong Yin Yee HCA 2435 of 2014 (led by KM Chong)
    A building dispute implementing a Scott’s Schedule to set out defective works.
  • Building Management (DMC)
  • Lucky Hung Company Estate v. The Incorporated Owners of Genius Court, HCA 2048 of 2015, 7.4.2016
    Successfully obtained unconditional leave to a deed of mutual covenant dispute involving the plaintiff ordering the IO to investigate air conditioners that were erected by shop owners on the external wall of the building. The issue was whether it was unjust and inequitable to order such removal because the property developer, being the Plaintiff, did not provide a designated space for the shop owners to install air conditioners.
  • Tsai Wing Chun v. Fan Kai Wai & Others, DCCJ 226 of 2016, settled
    The parties were owners of a seperate of a village-type house. The defendants placed construction materials on the ground floor in the common area causing obstruction to the plaintiff from gaining access to his car park space. The Plaintiff sought an injunction to remove the said obstructions.
  • The Incorporated Owners of Dragon View House v. Thai Best Restaurant, Horizonic Limited and Sun Thai Restaurant, LBDM 61 of 2014, settled
    Whether the IO has consented to a metal gate built by the shop owner in 1977 before the implementation of the Building Management Ordinance.
  • Buildings Ordinance
  • HKSAR v. Tse Yee Ping, HCMA 694 of 2014, FACC 2 of 2016, [2017] 5 HKC 1 (led by KM Chong)
    The BA issued a s.24 removal order against a canopy on the roof of a village type house that was erected prior to 16.10.1987 to which the Building Ordinance (Application to the New Territories) Regulations was still applicable. Prior to the said date there was no criminal offence for ‘unauthorised building works’ in the New Territories, the defendant argued that the canopy should be exempted under the said old regulations. The CFA ruled that the exemption only applies to village type houses not exceeding 7.62m in height. The height of a village type house should be calculated together with the height of the canopy, resulting the combined height in this case to be 10m. Thus, the appellant was not entitled to the said exemption.
  • Lands Tribunal Case No. 417 of 2014, Lots Nos. 385B1 & 38B RP in DD137
    The BA issued a s.24 removal order against three containers because the BA held the view that it formed a building. The issue before the Appeal Tribunal was whether the containers resting on a piece of land with no foundation works constituted a ‘building’.
  • Compulsory Sale
  • Ng On Ting Tong Company Ltd. and the Administrator of the estate of Ng Pui Sze v. the Commissioner of Ratings and Valuation, HCMP 2332 of 2016, settled (led by KM Chong)
    Ng On Ting Tong was a Chinese T’ong. The property was purchased by the T’ong and held by 5 managers of the T’ong as joint tenants on trust for the T’ong. The last surviving joint tenant was Ng Pui Sze. The building was redeveloped and the property was put on auction. After the compulsory sale the said Ng could not be located and the Ratings Valuation Department held on to the sale proceeds. The T’ong became a company limited and applied to the Ratings Valuation Department for the return of the sale proceeds. The Commissioner refused because he was uncertain who to release the sale proceeds to, i.e. the estate of the last joint tenant or the T’ong company limited.
  • General Commercial
  • Topright Ltd v. Moonlily HK Ltd, DCCJ 726 of 2010, 19.5.2015
    Successfully struck out the plaintiff’s claim on the ground of time-bar. The plaintiff attempted to salvage a time-barred case through the backdoor by amending the facts of an ongoing action that was settled by the same parties.
  • Chu Yu Tin and Chu Yuen Ching v. Lai Shiu Woon, HCA 3136 of 2016, HCA 617 of 2017, 22.5.2017
    Summary judgment to return company shares that were held by declaration of trusts. Drawing of partnership account after dissolution of partnership.
  • Chieng Tsai Wan Judy v. Chiu Tai Loy, Kwok Kam Fung, Ng Siu Quing, Chiu Tai Loy Antique, Heritage Ltd and Pristine Cultural Ltd, HCA 1561 of 2016, 27.2.2017
    Whether the plaintiff as minority shareholder can circumvent the leave requirement under section 168A Old CO (section 724 New CO) and commence a common law derivative action on behalf of the company.