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Hong Kong Case Law

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Property law [2025] HKCFI 5216

CHAMPION FOREVER GROUP LTD v. ADDCHANCE DYEING FACTORY LTD

Trial judgment on a disputed share sale, second mortgage and debt restructuring. The court rejected the alleged oral agreements and allowed CFGL’s enforcement claims.

  • Second mortgage enforceability
  • Constructive trust and knowing receipt
  • Fiduciary duties and agency
  • Illegality and clean hands (sfo disclosure)
  • Debt restructuring deed and assignment
  • Power of sale and vacant possession
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Company law [2020] HKCFI 769

PACIFIC BULK INVESTMENT LTD v. CHU KONG AND OTHERS

The court dismissed applications to set aside ex parte leave and to strike out a statutory derivative claim, finding a serious issue to be tried and no abuse of process.

  • Statutory derivative action (s733 companies ordinance)
  • Fiduciary duties of directors
  • Resulting trust and transfers for no consideration
  • Abuse of process and ulterior motive
  • Strike‑out for frivolous or vexatious claims
  • Statutory-derivative-action
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Civil procedure [2020] HKCFI 344

BEST YEAR ENTERPRISES LTD AND ANOTHER v. POWER SECURITIES CO LTD AND ANOTHER

The Court of First Instance varied a costs nisi after strike-out proceedings, awarding indemnity costs for the strike-out applications but only party-and-party costs for the relief summons and variation applications.

  • Indemnity costs
  • Certificate for two counsel
  • Strike out applications
  • Reflective loss
  • Henderson abuse
  • Unless order
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Company law [2019] HKCFI 2120

VITALY ORLOV v. MAGNUS LEONARD ROTH AND ANOTHER

The Court of First Instance found unfairly prejudicial conduct in a 50:50 company dispute and ordered Roth to buy out Orlov.

  • Unfair prejudice (s724 companies ordinance)
  • Buyout orders
  • Derivative action vs unfair prejudice
  • Valuation date and methodology
  • Access to corporate documents
  • Quasi‑partnership
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Company law YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS

YUNG YUI KWAI v. YUNG WOON KWAI AND OTHERS

The Court of First Instance dismissed applications for pre-trial valuation and refused proposed amendments to unfair prejudice petitions in a shareholder dispute.

  • Pre-trial valuation
  • Unfairly prejudicial conduct
  • Amendment of pleadings
  • Fiduciary duties
  • Discovery
  • Settlement facilitation
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Securities law SECURITIES AND FUTURES COMMISSION v. YEUNG KUI WONG AND OTHERS

SECURITIES AND FUTURES COMMISSION v. YEUNG KUI WONG AND OTHERS

The Court of First Instance granted disqualification orders against the 2nd and 6th Respondents under section 214 of the Securities and Futures Ordinance.

  • Director disqualification
  • Disclosure obligations
  • Connected transactions
  • Misfeasance and misconduct
  • Carecraft proceedings
  • Section 214 sfo
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Civil procedure SUPER WORTH CONTRACING CO LTD v. TOP GLORY HOLDING CO LTD AND ANOTHER

SUPER WORTH CONTRACING CO LTD v. TOP GLORY HOLDING CO LTD AND ANOTHER

Appeal against strike out for delay and abuse of process allowed. The court held the plaintiffs’ lack of funds and stated intent to proceed defeated abandonment.

  • Strike out for abuse of process
  • Inordinate and inexcusable delay
  • Prejudice to fair trial
  • Failure to prosecute
  • Grovit v doctor principle
  • Birkett v james principle
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Civil procedure SUPER WORTH CONTRACTING CO LTD AND ANOTHER v. COFCO (HONG KONG) LTD formerly known as TOP GLORY HOLDING CO LTD

SUPER WORTH CONTRACTING CO LTD AND ANOTHER v. COFCO (HONG KONG) LTD formerly known as TOP GLORY HOLDING CO LTD

The court allowed an appeal against strike-out, holding that delay alone did not prove abuse of process where the plaintiffs said they lacked funds and intended to proceed.

  • Strike out for delay
  • Abuse of process
  • Birkett v james principle
  • Grovit v doctor principle
  • Prejudice to fair trial
  • Costs
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Company law YEARICH LTD v. MOSTOP LTD AND OTHERS

YEARICH LTD v. MOSTOP LTD AND OTHERS

The court struck out petitions concerning four dormant shelf companies, allowed other petitions to proceed, granted amendment, and ordered consolidation with related proceedings.

  • Unfair prejudice s.168a
  • Fiduciary duties and breach
  • Misappropriation and conspiracy
  • Strike out for disclosure/no cause of action
  • Consolidation of proceedings
  • Amendment of petitions
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Civil procedure VINSON ENGINEERING LTD v. KIN SHING ENGINEERING (HK) CO LTD

VINSON ENGINEERING LTD v. KIN SHING ENGINEERING (HK) CO LTD

The District Court struck out two Vinson Engineering claims against Kin Shing Engineering, holding they were barred by res judicata and abuse of process.

  • Res judicata
  • Abuse of process
  • Strike out
  • Security for costs
  • Implied terms
  • Set-off
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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.