Hong Kong Case Law: Decisions & Judgments

Topic

Accounting and inquiries

Legal area

Court

2 Feb 2021

CHEUNG HAU CHUN v. TO SUET CHUN AND OTHERS

Citation

[2021] HKCFI 264
Court

Court of First Instance
Case number

HCA1259/2015

The Court held the written partnership agreement and power of attorney, executed before solicitors and relied upon by contemporaneous conduct, established a partnership between plaintiff and D1–D3 with plaintiff holding 25% in his own right; plaintiff retired on 15 August 2012 and the partnership dissolved that day; plaintiff was not entitled to an immediate return of HK$2,025,000 but was entitled to orders for accounts and inquiries for the period 23 August 2010 to 15 August 2012 and the attorney (D4) was ordered to provide an account; the defendants' counterclaim alleging plaintiff held his…
6 Nov 2013

THOMAS ALEXEJ HALL v. LIBERTARIAN INVESTMENTS LTD

Citation

THOMAS ALEXEJ HALL v. LIBERTARIAN INVESTMENTS LTD
Court

Court of Final Appeal
Case number

FACV16/2012

The Court held that the defendant was a fiduciary who wilfully breached duties by misappropriating trust funds and failing to acquire the third tranche of shares; equitable compensation on a wilful default/restorative basis was available and, given the evidence and the defendant's obstructive conduct, an immediate monetary award was appropriate. The court assessed loss by treating the defendant as if he had acquired the shares and calculating the trust's lost proceeds, awarding restorative compensation and ordering payment within 21 days with interest and costs.
22 Aug 2013

MA WANG CHUN v. YUM SHU WING

Citation

MA WANG CHUN v. YUM SHU WING
Court

District Court
Case number

DCCJ226/2010

The court held the Room Management Agreement altered profit entitlement (each party entitled to rentals from their allotted rooms) but did not apportion operating expenses by room; the Implied Term preventing profit sharing until contribution was rejected as inequitable and contradictory to express terms; Hotel commenced about 1 March 2005; defendant was not proved to have been excluded prior to 14 January 2013; on allowed items defendant liable for 50% of permitted expenditures up to 20 January 2010, resulting in reimbursement to plaintiff of $91,174.90; partnership dissolved and specified a…
19 Jul 1972

JOHN JAMES NEMETH AND ANOTHER v. JAMES JULIUS KILLOUGH III AND ANOTHER

Citation

JOHN JAMES NEMETH AND ANOTHER v. JAMES JULIUS KILLOUGH III AND ANOTHER
Court

Court of First Instance
Case number

HCA155/1971

The court found on the evidence that a binding agreement existed between the plaintiffs and Killough personally (not the company), that Killough acted as the plaintiffs' purchasing agent on a cost-plus commission basis (commission fixed at 10%), and that Killough breached his contractual and fiduciary duties by failing to produce workable plans and by inflating prices, retaining discounts and levying wrongful cancellation charges; accordingly judgment entered for plaintiffs against Killough, ordered monetary judgment and extensive accounts and inquiries; claim against the company dismissed.

Hong Kong Case Law

CHEUNG HAU CHUN v. TO SUET CHUN AND OTHERS

THOMAS ALEXEJ HALL v. LIBERTARIAN INVESTMENTS LTD

MA WANG CHUN v. YUM SHU WING

JOHN JAMES NEMETH AND ANOTHER v. JAMES JULIUS KILLOUGH III AND ANOTHER