認許年份: 2012
林樂夫為香港執業大律師、英國特許工程師、英國土木工程師學會會員、香港仲裁師協會資深會員、英國仲裁學會會員、香港調解資歷評審協會及香港國際仲裁中心認可調解員。
林大律師主要專注在建築、逆權管有和建築物管理的案件。林大律師有在各級法院、仲裁、紀律聆訊及上訴委員會處理案件的經驗。他最近亦以代表大律師身份參與澳門酒店和賭場的仲裁。
他亦是沙田至中環線項目紅磡站擴建部分及其鄰近的建造工程調查委員會代表大律師之一。
學歷
香港大學工學學士 (土木工程)
香港城市大學仲裁及爭議解決碩士
英國曼徹斯特都會大學英國法律專業共同試課程
香港大學法學專業證書
英國艾希特大學法律實務博士生
認許資格
香港調解資歷評審協會及香港國際仲裁中心認可調解員
香港仲裁師學會資深會員
英國土木工程師學會會員、英國特許工程師
英國仲裁學會會員
專業會員
香港建築法學會理事會成員
上訴審裁團 (建築物) 主席
香港大律師公會建築法專業委員會成員
案件選例
建築及仲裁
Sole arbitrator for an insurance dispute
Trial counsel for an arbitration in relation to reclamation works with claims of over HK$100M
Trial counsel for the contractor claiming against the employer for outstanding payments (HCCT 57/2020)
Junior counsel for a HVAC nominated sub-contractor against the main contractor in a Macau Hotel Project
Junior counsel for an electrical nominated sub-contractor against the main contractor in a Macau Hotel Project
Trial counsel for a nominated sub-contractor against the employer in a Macau Hotel Project
Trial counsel for the developer in an arbitration
Trial counsel for a listed main contractor claimant against the employer in an arbitration case with a claimed amount of HK$70M
Trial counsel for a subcontractor claimant against the employer in a name borrowing arbitration
Junior counsel for a listed subcontractor in an arbitration with a claimed amount of HK$200M
Trial counsel for the Plaintiff in a High Court construction case (HCCT36/2018)
Trial counsel for the claimant claiming against a factory employer in an arbitration
Trial counsel for a curtain nominated sub-contractor claiming against the employer for payment under direct payment agreement (HCCT 63/2017)
Trial counsel for a sub-contractor claiming against the superior contractor in an arbitration in relation to swimming pool filtration system
Trial counsel for a hotel employer in an arbitration against a fitting out management contractor
Trial counsel for a main contractor in an arbitration in claiming the employer for repudiation and loss of profits with claim amount more than HK$15M
Trial counsel for the listed main contractor in an arbitration for a WSD project. Successfully defended claims by the sub-contractor and succeeded in counterclaims
Trial Counsel for an architect in an arbitration successfully defended professional negligence claims by an incorporated owners
Counsel for the plaintiffs in applying an injunction from the High Court in intervening an arbitration between contractors
Junior counsel (led by Mr. Anthony Chan) for resisting the appeal to the High Court on an interim award on jurisdiction (IO of Hamden Court v. Mega Miles Construction Company Ltd [2015] 5 HKC 179)
Junior Counsel (led by Mr. Gary Soo) for the appeal to the High Court on an arbitration award (Po Fat Construction Company Ltd v The Incorporated Owners of Kin Sang Estate HCCT 15/2013)
Counsel for an E&M contractor at trial in claiming outstanding fees in final account (Fortune Link Engineering Company Limited v Sui Chong Construction & Engineering Company Limited DCCJ 2929/2012)
Counsel for a fitting out main contractor at trial in defending outstanding fees Lau Kin Sau Trading as Kin Sun Decoration & Eng. Co. v Hung Mau Design & Contracting Ltd (DCCJ 4689/2013)
Counsel for a main contractor at trial in defending outstanding fees and counterclaiming costs of repairing defects (李慶德 對 雅藝工程有限公司及另一人 DCCJ 3036/2014)
Counsel for the defendant in drafting summons and application to apply for stay of court proceeding in favour of arbitration (DCCJ 2850/2015) (successfully stayed for arbitration)
Counsel for the defendant in the drafting summons and appear before Anthony Chan J to apply for stay of court proceeding in favour of arbitration (HCA1019/2013) (successfully stayed for arbitration)
Counsel for a sub-sub-sub-contractor successfully resisted an injunction applied by superior contractor (HCA 2696/2017)
Counsel for a subcontractor in claiming a main contractor for outstanding fees in the High Court and Court of Appeal (HCCT 33/2007, CACV236/2017)
紀律聆訊
Legal adviser to Construction Industry Council for disciplinary actions against contractors
Trial counsel for an authorized person in a disciplinary action under the Buildings Ordinance and junior counsel in the appeal
Junior counsel for the Buildings Department in a registered structural engineer disciplinary action
Junior counsel for the Buildings Department in a registered building contractor disciplinary action
Leading counsel for an architect successfully appealed a disciplinary order (Lok Man Fai v Architects Registration Board [2019] 2 HKLRD 745)
土地及建築物管理
Trial counsel for the developer in defending an adverse possession claim (HCA 2080/2017).
Acted as the counsel for the Defendant successfully appealed the decision of the Lands Tribunal in the Court of Appeal and clarified the law in relation to whether a squatter can apply for adverse possession when he had a mistaken belief that he was the owner in Hong Kong (Cheung Kwong Yuen v Sun Hui Fang [2016] 1 HKLRD 464)
Acted as the counsel for the Defendant successfully counterclaimed for adverse possession for the Defendant in the re-trial (Cheung Kwong Yuen v Sun Hui Fang (DCCJ 742/2016))
Acted as trial counsel for the squatter in an adverse possession case (DCMP 1213&1214/2014)
Acted as counsel in the leave to appeal application for the squatter in an adverse possession case (DCCJ 1806/2010)
Acted as counsel for the squatter in setting aside the default summary judgment in an adverse possession case (DCCJ 3463/2018)
Acted for the owner in an adverse possession case (HCA 2080/2017) (attended PTR and trial to be held in September 2021)
Advised the owner in an adverse possession case (DCCJ 825/2019 & DCCJ 1595/2015)
Acted as the counsel for the applicant successfully applied for dismissal of an incorporated owners (富林財務有限公司及另一人 對 東蘭閣業主立案法團 (LDBM 168/2015)
Acted as counsel for the Plaintiff resisted the Defendant’s leave to appeal application in the District Court and the Court of Appeal in relation to a tenancy dispute involving the law point on estoppel by tenancy (DCCJ 1815/2015 & HCMP 1392/2015)
Acted as the counsel for the appellant in building appeal cases BA 336/2016, BA 860/2011, BA 513/2013, BA 465/2015, BA 311/2014 and BA 285/2015
Acted as the counsel for the appellant to small claims tribunal’s decision in the High Court (聯基新樓業主立案法團 v Yan Yan Motors Limited (HCSA 7/2015)
其他
Junior counsel for the Commission of Inquiry on Shatin Central Link
Acted for the Buildings Department in a building appeal in relation to Braemar Hill Mansion
Competition Commission v W Hing Construction Co Ltd [2021] 3 HKLRD 219 (Court of Appeal, led by Martin Hui SC)
Solomon is a specialist in construction law and adverse possession. He is reliable and easy to work with, and his submissions are detailed and persuasive.
Legal 500 (Hong Kong Bar – Construction and Property), 2024