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Hong Kong Case Law

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Interpleader [2022] HKCFI 1408

CHARM MASTER INTERPRISES LTD v. GRAND T G GOLD HOLDINGS LTD AND ANOTHER

The Court excluded a 2019 statutory declaration unless its maker attended for cross-examination, refused to compel attendance, and allowed D2’s amendments and supplemental evidence.

  • Statutory declaration
  • Hearsay evidence
  • Subpoena
  • Order 38 rules
  • Amendment of pleadings
  • Letters of acknowledgment
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Interpleader [2020] HKCFI 911

WING LUNG BANK LTD v. KING ARNOLD THEO as Executor of the Estate of SHIH WEN HSIA BESSIE also known as BESSIE SHIH, BESSIE KING and BESSIE SHIH KING, deceased AND ANOTHER

Interpleader dispute over contents of a joint safe deposit box, raising whether jewellery had been validly gifted inter vivos to the 2nd defendant.

  • Inter vivos gift
  • Survivorship clause
  • Safe deposit box contents
  • Delivery of possession
  • Witness credibility
  • Burden of proof
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Civil procedure MOTOROLA SOLUTIONS CREDIT CO LLC (formerly known as MOTOROLA CREDIT CORPORATION) v. KEMAL UZAN AND OTHERS

MOTOROLA SOLUTIONS CREDIT CO LLC (formerly known as MOTOROLA CREDIT CORPORATION) v. KEMAL UZAN AND OTHERS

The court varied a costs order in part, holding that an innocent nominee solicitor who engaged as a defendant and resisted discovery should bear only specified costs.

  • Mareva injunction
  • Enforcement of us judgment
  • Nominee liability
  • Solicitor duties and professional conduct
  • Wasted costs (o 62 r 8)
  • Discovery orders and compliance
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Maritime law FULL SUM INTERNATIONAL CO LTD v. HONG KONG FOO WIN LTD AND ANOTHER

FULL SUM INTERNATIONAL CO LTD v. HONG KONG FOO WIN LTD AND ANOTHER

The court discharged an interim injunction over disputed cargo and apportioned costs by period, treating pre-7 November costs as in the cause and later costs against the plaintiff.

  • Injunction
  • Bill of lading
  • Interpleader
  • Costs
  • Bill-of-lading
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Civil AUDEMARS PIGUET (HONG KONG) LTD v. SCOTT JAMES DUNCAN AND ANOTHER

AUDEMARS PIGUET (HONG KONG) LTD v. SCOTT JAMES DUNCAN AND ANOTHER

The District Court resolved an interpleader dispute over an Audemars Piguet Royal Oak watch and held that Scott James Duncan was the true owner, ordering release of the watch to him.

  • Ownership dispute
  • Interpleader
  • Service of process
  • Summary determination
  • Costs
  • Ownership-dispute
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Civil procedure YINGGAO RESOURCES LTD v. ECO METAL (HONG KONG) LTD AND ANOTHER

YINGGAO RESOURCES LTD v. ECO METAL (HONG KONG) LTD AND ANOTHER

The Court of Appeal held that interpleader was unavailable because both claimants wanted payment to Yinggao, so their claims were not truly adverse.

  • Adverse claims
  • Interpleader relief
  • Proprietary claim vs contractual claim
  • Costs
  • Interpleader
  • Adverse-claims
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Civil procedure HUEN WAI KEI AND ANOTHER v. CHOY KWONG WA CHRISTOPHER AND ANOTHER

HUEN WAI KEI AND ANOTHER v. CHOY KWONG WA CHRISTOPHER AND ANOTHER

The Court of Appeal dismissed an application for leave to file a respondents’ notice out of time, holding that the successful plaintiffs could not cross-appeal an order made in their favour.

  • Extension of time
  • Respondents notice
  • Cross-appeal
  • Variation of specific performance
  • Post-judgment events
  • Costs
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Civil procedure YINGGAO RESOURCES LTD v. ECO METAL (HONG KONG) LTD AND ANOTHER

YINGGAO RESOURCES LTD v. ECO METAL (HONG KONG) LTD AND ANOTHER

The court held that adverse claims existed for Order 17 rule 1 purposes and granted leave to appeal on the jurisdictional issue, while refusing a certificate for two counsel.

  • Order 17 rule 1
  • Protective jurisdiction
  • Adverse claims
  • Leave to appeal
  • Costs
  • Certificate for two counsel
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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.