Hong Kong Case Law: Decisions & Judgments

Topic

Accounting and inquiry

Legal area

Court

30 Dec 2025

CHANG WING KA JOHN v. CHANG WING DEE AND ANOTHER

Citation

[2025] HKCFI 6479
Court

Court of First Instance
Case number

HCMP1791/2016

The court found that, on the evidence and the terms of the Settlement Agreement and prior orders, the bulk of the Deductions asserted by the 1st respondent were unjustified and not arguable; the parts that were unsupported rested on inadmissible or inappropriate expert bases or misapplied the Settlement Agreement. Because an account had been ordered and certified accounts were produced, and because the alleged disputes were not properly arguable, the court could decide summarily under Order 43 and exercise its discretion to order immediate payment out and transfer of assets while retaining a…
3 Oct 2025

SHE SAU CHING, Administratrix of the Estate of FUNG SIU YING MICKY, Deceased v. FUNG SIU CHUNG

Citation

[2025] HKCFI 4724
Court

Court of First Instance
Case number

HCA1796/2024

The court held that (1) New Chi Wing was dissolved on 7 March 2022 upon the death of the Deceased and granted a declaration accordingly; (2) the Defendant's pleaded admissions that the partnership existed, that he carried on the business post-dissolution using partnership assets, and his express acceptance in the Defence of the obligation to account were sufficient to justify an order for account and inquiry under Order 43, but there was no clear and unequivocal admission entitling the Court to enter judgment that the Estate is entitled to a 50% share under Order 27 r.3, so the claim for a de…
2 Nov 2023

LONG SING UNION ENGINEERING LTD v. MA CHI KI aka KEITH MA AND ANOTHER

Citation

[2023] HKCFI 2833
Court

Court of First Instance
Case number

HCA1873/2019

The court found on balance that Lee and Ma entered the JV Agreement (as varied) and formed the Company; LSP (through Ma) and Lee acted so as to create both an express trust and a common intention constructive trust such that LSP held the four Projects and all income derived from them on trust for the Company; Ma breached fiduciary duties in causing payments and attempting to divert benefits; defendants must account for all income subject to deduction of Direct Expenses, 50% of Legitimate Indirect Expenses for the Relevant Period and any profit tax, and must pay out the stakeholder funds and p…
7 Feb 2023

CHEUNG HAU CHUN v. TO SUET CHUN AND OTHERS

Citation

[2023] HKCFI 347
Court

Court of First Instance
Case number

HCA1259/2015

Having accepted the audited financial statements as correctly reflecting Tai Dou's (the Partnership's) financial position, the court calculated net assets as at 31 March 2013, deducted apportioned profits attributable to the period after the plaintiff ceased to be a partner, computed net assets as at 15 August 2012, awarded the plaintiff 25% of that sum ($1,879,791.91), ordered interest from 9 June 2015 at HSBC prime +1% to the date of judgment and judgment rate thereafter, and ordered the 1st‑3rd Defendants to pay the costs of the summons assessed preliminarily at $45,000.
9 Jan 2023

POON LOI TAK the Administrator of the late POON NUEN Deceased v. POON LOI CHEUNG DESMOND

Citation

[2023] HKCFI 101
Court

Court of First Instance
Case number

HCA3348/2016

On the balance of probabilities Father did not intend to gift the beneficial interest in either joint HSBC account to the Defendant; therefore the Defendant held the funds on trust for Father/the Estate and the Defendant wrongfully transferred HK$14,248,000 from the Premier Account in breach of trust; judgment entered for the Plaintiff with orders for repayment, accounts and ancillary relief.
28 Nov 2022

CHOW KAM HUNG v. HOI KONG IRONWARES GODOWN CO LTD

Citation

[2022] HKDC 1368
Court

District Court
Case number

DCCJ5138/2019

The court found the ironmongery/stainless steel partnership was dissolved by agreement on 15 October 2004; no binding oral settlement of accounts was proved; plaintiff's claims for accounts and for profit sharing under the oral promise are governed by the Limitation Ordinance and, on the facts, are time-barred; although 'net profits' would include rental income and the oral promise was supported by consideration, limitation extinguished the actionable claims.
25 Jun 2021

WONG SHIU LUEN AND ANOTHER v. WONG YING WAI AND OTHERS

Citation

[2021] HKCFI 1835
Court

Court of First Instance
Case number

HCA913/2013

The court accepted documentary and credible witness evidence that (1) the 1996 allotment was validly approved with consent and is confirmed; (2) the 2001 transfers were intentionally effected by WC as part of a 'Scheme', WC had capacity when executing the transfer documents and both fellow directors/shareholders (WSL and WWC) knew of and agreed to the transfers, so the transfers are valid; (3) the sums claimed by plaintiffs in the Loans Action originated from WYW’s Macau Account and were passed via WWC at WYW’s instruction, therefore plaintiffs’ loan claims fail except that WWC’s estate must…
25 Jun 2021

LEE CHI HANG AND OTHERS v. WELL DONE GARMENT FACTORY LTD AND ANOTHER

Citation

[2021] HKCFI 1835
Court

Court of First Instance
Case number

HCA227/2012

Court found on the balance of credible contemporaneous evidence that (1) the 1996 allotment was valid with consent of WSL and WWC; (2) the 2001 share transfers were valid because WC had capacity and both WSL and WWC knew of and agreed to the transfers as part of WC's Scheme to transfer assets to WYW; (3) the sums claimed as loans by plaintiffs originated from WYW's Macau account and were entrusted to WWC to apply, therefore plaintiffs' loan claims fail but WWC's estate must account for an unaccounted balance (HK$2,569,000); (4) Well Done is entitled to repayment of the MPF overpayment; (5) Ne…
22 Feb 2021

KENCY BROTHERS LTD v. LAU MAN SANG JAMES

Citation

[2021] HKCFI 415
Court

Court of First Instance
Case number

HCA1567/2012

The court accepted the Plaintiffs' witnesses as credible, found the Settlement Agreement contained the final agreed accounts and that there was no credible evidence of binding collateral oral agreements, misrepresentation or duress; Clause 18/20 required written amendments; factual findings established entitlement to the contractual interest on the loans; accordingly judgment was entered for the Plaintiffs and Kency Brothers for the specified sums with interest and costs to the Plaintiffs.
6 May 2016

LO LI LI LILY v. LUI FUNG HE

Citation

LO LI LI LILY v. LUI FUNG HE
Court

Court of Appeal
Case number

CACV1/2016

The Court of Appeal exercised its discretion afresh, held the plaintiff’s explanations were not convincingly bona fide and that the defendant would suffer real prejudice from delay (including the defendant’s advanced age and enforcement difficulties); accordingly the court refused leave to withdraw the admissions but allowed a limited variation by deleting certain paragraphs of the judgment and accepting undertakings in relation to specified jewellery; costs awarded to defendant (80%).