Hong Kong Case Law

林世傑 對 吳嘉緯及另二人

Court

District Court

Case number

DCPI3568/2019

The court found the settlement was bona fide and reasonable; accordingly the first defendant is liable to contribute fully (100%) to the settlement. The rental/management contract, properly construed, imposes on EC Group (the lessee) contractual responsibility to bear third‑party liabilities arising during the rental period; EC Group must indemnify the second defendant in full for the settlement and costs. First defendant and EC Group are jointly and severally ordered to pay HK$300,000 to the second defendant with interest from judgment date at the judgment rate and to pay costs as ordered (c…

Source excerpt

• Vicarious liability
• Contribution
• Indemnity
• Contract interpretation
• Settlement bona fides
• Assessment of damages

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SANDHU JATINDER SINGH v. MA SHIU MING AND ANOTHER

Court

District Court

Case number

DCPI2647/2022

The District Court varied a costs order nisi after holding that three sanctioned payments related only to the bodily injury claim, not property damage, and that the plaintiff failed to beat them.

• Sanctioned payments
• Costs orders and indemnity costs
• Enhanced interest on costs
• Security for costs
• Interpretation of court forms
• Sanctioned-payments

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莊潔瑩 對 莊卓華

Court

District Court

Case number

DCCJ364/2022

The oral agreement was interpreted to include entitlement to the insurance proceeds for the party who 'received' a policy, and an implied term required the defendant to provide reasonable assistance to enable the plaintiff to obtain the full proceeds; the defendant breached that implied term by refusing to assist, causing the plaintiff loss of HKD121,272, for which damages are awarded plus interest and costs.

Source excerpt

• Contract interpretation
• Implied terms
• Beneficiary rights
• Damages
• Remedies

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TASMANIA FEEDLOT PTY. LTD AND OTHERS v. TOLL GLOBAL FORWARDING (HONG KONG) LTD

Court

Court of First Instance

Case number

HCAJ9/2023

The Court of First Instance refused the Third Party’s bid to add a preliminary point of law to a strike-out summons, allowing only deletion of parts of the summons.

• Package limitation clause
• Construction of sea waybill
• Strike out
• Summary determination
• Preliminary point of law
• Order 14a

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CHAN FO TAI v. AGGRESSIVE CONSTURCTION COMPANY LTD AND OTHERS

Court

District Court

Case number

DCEC1515/2022

The District Court granted respondents relief from sanction for missing an unless-order deadline, extending time to file an answer in an employees’ compensation claim.

• Relief from sanction
• Unless order
• Employer liability
• Costs
• Mediation
• Relief-from-sanction

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NASEEM-ABBAS AND ANOTHER v. RISING AERIAL PLATFORM COMPANY LTD AND OTHERS

Court

Court of First Instance

Case number

HCPI406/2019

Court of First Instance judgment on quantum in a workplace scaffolding accident, awarding damages, interest and costs to two injured plaintiffs.

• Workplace accident
• Occupational safety
• Liability
• Quantum of damages
• Pre-trial loss of earnings
• Future loss of earnings

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FALCON INSURANCE COMPANY (HONG KONG) LTD v. LEE ZHONG JIN AND ANOTHER

Court

District Court

Case number

DCEC206/2021

District Court held that an insurer may, in its own name, appeal a Form 5 under section 18 of the Employees’ Compensation Ordinance.

• Right of insurer to appeal
• Statutory interpretation
• Jurisdictional effect of administrative certificates
• Employees' compensation assessment
• Employees-compensation
• Statutory-interpretation

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BANK OF CHINA GROUP INSURANCE CO LTD v. JOINT VENTURE CONSTRUCTION ENGINEERING LTD

Court

District Court

Case number

DCCJ79/2022

The District Court held that the insurer could recover sanctioned settlement payments, its costs, interest, and disbursements from the insured because the claim arose from an excluded stand-alone scaffolding task.

• Right of recovery by insurer
• Policy exclusion for stand-alone scaffolding
• Liability under employees' compensation ordinance s42
• Contribution under civil liability (contribution) ordinance s3
• Assessment of damages and costs
• Insurance-law

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CHUBB LIFE INSURANCE COMPANY LTD (formerly known as ACE LIFE INSURANCE COMPANY LTD) v. CHAN CHRISTY

Court

District Court

Case number

DCCJ4461/2019

法院准許原告就補充證人陳述書的第一部分提交證據，但拒絕第二部分，因其遲來、證明力有限，且會對被告造成不公平。

• Supplemental witness statements
• Leave to file after case set down for trial
• Hearsay and adoption of statements
• Prejudice and trial disruption
• Costs
• Civil-procedure

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ASIA SHAHID T/A INTERNATIONAL BUSINESS POINT (HONG KONG) v. CHINA PING AN INSURANCE (HONG KONG) CO LTD

Court

Court of First Instance

Case number

HCA373/2022

Appeal against a strike-out was dismissed. The court held the insurer’s correspondence did not clearly waive or estop reliance on the policy time bar.

• Contractual time bar
• Waiver
• Promissory estoppel
• Striking out
• Limitation clause clause 8(e)
• Insurance

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