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Hong Kong decisions
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The court rejected an alleged March 2017 oral variation, held the termination notice under clause 7.2(a) was ineffective, but found Golden Miles’ false marketing claims were repudiatory and justified common-law termination.
The Court held that a HK$30 million advance for Ping An Good Doctor was an investment with a guaranteed minimum profit, not an illegal loan, and entered judgment for the plaintiff.
The court replaced a Master's sanction with an unless order after holding that the plaintiff had not provided proper further particulars. The costs appeal was dismissed.
The court refused summary judgment on a loan claim, holding that the defendant raised believable triable issues of conspiracy, misrepresentation, set-off and rescission.
The High Court allowed the plaintiffs’ appeal and granted specific performance, rejecting the defendant’s fraudulent misrepresentation defence as unsupported by the contemporaneous documents.
Bank mortgage action under Order 88. The court proceeded with the substantive hearing, while an intended intervener claiming actual occupation required a separate hearing before any possession order.
High Court pre-trial ruling ordering specific discovery in a fraud and restitution claim, but refusing discovery on speculative travel-document requests and denying voluntary particulars.
The Court of Appeal dismissed Filmko’s appeal, upholding findings that no oral sale of underlying rights was proved and rejecting a new-point argument based on a letter.
The court suspended the bankrupt’s automatic discharge for three months after finding pre-bankruptcy misrepresentation on a loan application, while noting rehabilitation and cooperation.
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