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Hong Kong decisions
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The Court of Appeal refused leave to appeal, holding the defendants’ new damages arguments were unpleaded, fact-sensitive, and unfair to raise now.
Assessment of damages in a libel action arising from WhatsApp publications. The court awarded HK$180,000 general damages and refused exemplary damages.
The High Court refused permission to appeal because the appellant's grounds were not arguable as questions of law: the contested matters were primarily factual credibility and mitigation assessments properly within the Tribunal's remit; there was no evidence of perjury, no binding undertaking limiting liability as alleged, and the adjudicator acted within lawful inquisitorial powers, so no legal error meriting leave was shown.
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The Court of First Instance held that an oral loan agreement for RMB 4 million existed and awarded the Plaintiff principal, contractual interest, and costs.
The court dismissed the defendant’s summons for judgment on counterclaim and related strike-out relief, holding the unless order did not automatically justify default judgment.
The District Court granted a plaintiff leave under Order 45 rule 8 to enter the defendant’s flat and carry out remedial works for continuing water seepage.
Because the defendant failed to file witness statements or attend trial, the court disregarded any defendant evidence, accepted the unchallenged testimony and expert report of the plaintiffs as credible, found breaches including failure to exercise reasonable skill and delay, but limited damages to the amounts particularised in the statement of claim; awarded HKD1,097,332.00 plus prescribed interest and costs to the plaintiffs.
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The Court of First Instance allowed a second interim payment summons for US$4.8 million, granted service out, and ordered HK$48,000 costs against AIM and Lily Liu.
The District Court assessed damages for prolonged water seepage from an upstairs flat, awarding the Plaintiffs HK$116,813.10 plus interest and costs.
The court held the MOU binding, rejected misrepresentation and consideration defenses, awarded the 1st and 2nd Plaintiffs damages, and dismissed the 3rd Plaintiff’s claim.
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