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Hong Kong decisions
Decisions matching the current search
The Court granted summary judgment for the plaintiffs in two related contract claims, finding the defendant raised no triable issue on party identity or authority.
The court gave directions on Gatecoin’s liquidation, including NCC classification, pooled trust treatment, allocation methods, ETD claims, and rejected Mr Samara’s trust claim.
The Court of Appeal dismissed Yeung Man’s appeal against a bankruptcy order, holding there was no bona fide dispute of the debt on substantial grounds.
Hong Kong Court of Appeal dismissed three appeals over equity accumulator trades, holding no advisory duty arose, disclosure was adequate, and BSI’s guarantee termination had been suspended.
The purported settlement was not binding because plaintiff did not grant actual authority to Ms Wong and there was no representation by plaintiff (nor conduct by plaintiff or a person with actual authority) creating apparent authority; consequently defendant remained liable for negligence and plaintiff awarded damages totalling HKD 334,810 less the HKD 8,000 payment with specified interest and costs orders.
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The court held that no pre-retainer oral agreement or later oral representations were proved, upheld the written retainer, struck out the 4th bill, and refused taxation of the paid bills.
The Court ordered that all proceedings in HCMP911/2011 (including taxation of costs) be stayed until the issue of authority to act on behalf of WSS in LDBM33/2010 is determined in the Lands Tribunal; the Court refused to seal any of its orders (other than the present one); costs in the MP were reserved and consolidation decisions were left to the presiding officer.
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The court lifted a stay on third-party proceedings and ordered two related Hong Kong High Court actions to be tried together, with liberty to apply for severance.
The Court of Appeal refused leave to appeal, holding there was no breach of the indemnity principle because the solicitors were retained on ordinary terms, not a contingency fee basis.
The court dismissed a summons for cross-examination, holding the plaintiff’s affirmation and unchallenged medical evidence were enough to defeat a proposed authority challenge.
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