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Hong Kong Case Law

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Civil procedure [2023] HKCA 1230

CHOW LILY v. CHOW WAI WAI VIOLET AND ANOTHER

The Court of Appeal dismissed an appeal about whether a garnishee order nisi should have been made absolute, holding it would have been inequitable to do so.

  • Garnishee order nisi
  • Variation of costs order
  • Costs assessment
  • Equitable set‑off
  • Renunciation of executorship
  • Stay of execution
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Contract law [2022] HKDC 32

SMARTEK E & M ENGINEERING (HK) LTD v. WIN WIN WAY CONSTRUCTION CO LTD

District Court trial on a construction subcontract dispute. The plaintiff’s claim for alleged outstanding variations and a final debt was dismissed as time-barred and unsupported.

  • Variation orders
  • Part payment and limitation
  • Set-off
  • Defective works
  • Final account
  • Costs (indemnity)
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Contract law [2021] HKCA 1672

SAND AIRE LTD AND OTHERS v. JIN ZHANJIE AND ANOTHER

The Court of Appeal upheld summary judgment and struck out the counterclaim, finding the alleged oral agreement incredible and covered by the settlement agreement.

  • Oral agreement
  • Settlement agreement
  • Summary judgment
  • Strike-out
  • Issue estoppel
  • Enforceability
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Civil procedure [2021] HKCFI 250

DELCO PARTICIPATION B.V. v. HWH HOLDINGS LTD

The court ordered security for costs against an out-of-jurisdiction plaintiff, rejecting the “real attacker” objection and fixing reduced, proportionate sums for three actions.

  • Security for costs
  • Real attacker
  • Quantum of security
  • Counterclaim as defence
  • Procedure for out-of-jurisdiction plaintiffs
  • Security-for-costs
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Civil procedure [2020] HKCFI 608

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD

The Court of First Instance granted leave to appeal against an order refusing amendments pleading the Chern Debt, holding the appeal was arguable and leave was prudent.

  • Amendment of pleadings
  • Section 35 limitation ordinance
  • Order 20 rule 5
  • Order 59 rule 21
  • Running account
  • Leave to appeal
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Civil procedure [2020] HKCFI 608

DELCO PARTICIPATION B.V. v. HWH HOLDINGS LTD

The Court of First Instance granted leave to appeal over refused amendment applications, holding the proposed Chern Debt pleadings raised arguable issues on limitation, set-off, and new issues.

  • Amendment of pleadings
  • Leave to appeal
  • Section 35 limitation ordinance
  • Order 20 rule 5
  • Estoppel by convention
  • Running account / set-off
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Civil procedure COMPANIA SUD AMERICANA DE VAPORES S.A. v. HIN PRO INTERNATIONAL LOGISTICS LTD

COMPANIA SUD AMERICANA DE VAPORES S.A. v. HIN PRO INTERNATIONAL LOGISTICS LTD

The Court of Appeal refused leave to appeal and dismissed the defendant’s summons, holding there was no reasonable prospect of success and no basis for equitable set-off.

  • Leave to appeal
  • Equitable set-off test
  • Enforcement of foreign costs order
  • Nexus between proceedings
  • Equitable-set-off
  • Leave-to-appeal
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Contract law TUNG FAI v. WEI DONG

TUNG FAI v. WEI DONG

法院駁回要求進一步及更佳詳情的申請,並准許撤回盤問式質問,認為有關要求多屬證據性細節、無必要或具壓迫性。

  • Further and better particulars
  • Interrogatories withdrawal
  • Oral agreement
  • Set-off
  • Costs assessment
  • Case management
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Contract law BB & R LTD v. CHINAPLUS WINES LTD AND ANOTHER

BB & R LTD v. CHINAPLUS WINES LTD AND ANOTHER

The court granted conditional leave to defend, ordered payment into court in both actions, and ordered delivery up of affected wines at the plaintiff’s cost.

  • Summary judgment
  • Interim payment
  • Equitable set-off
  • Delivery of goods
  • Indemnity
  • Oral contract
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Contract QIYANG LTD AND OTHERS v. MEI LI NEW ENERGY LTD AND OTHERS

QIYANG LTD AND OTHERS v. MEI LI NEW ENERGY LTD AND OTHERS

The court dismissed the 1st defendant’s application for summary judgment on its counterclaim, holding that a transaction set-off defence was at least arguable and should go to trial.

  • Order 14 summary judgment
  • Transaction set-off
  • Promissory note vs simple debt
  • Reflective loss
  • Abuse of process
  • Construction of bond terms
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.