Hong Kong Case Law: Decisions & Judgments

Topic

Allegations of fraud

Legal area

Court

16 Jan 2023

LAU MUK FAT (SUING AS THE MANAGER OF LAU SHAU WO TSO) v. WONG KWOK WA AND OTHERS

Citation

[2023] HKCFI 135
Court

Court of First Instance
Case number

HCA1879/2011

Having considered the history and complexity of the consolidated proceedings and the conduct of the parties, no party was sufficiently culpable to warrant departure from the usual practice; accordingly costs of WKW's application, Madam Mok's application and the ordered amendments are to be costs in the cause of the respective/consolidated actions; costs in relation to the Strike Out Application are allocated to the 1006 Dings up to the call-over hearing on 16 December 2021 (to be taxed if not agreed with certificate for counsel), with no order as to costs thereafter.
28 Oct 2021

SKK (H.K.) CO. LTD. AND ANOTHER v. TSUI PO HING AND ANOTHER

Citation

[2021] HKCFI 3219
Court

Court of First Instance
Case number

HCMP934/2019

Leave Summons dismissed because defendants failed to demonstrate reasonable prospects of success on the proposed appeals or any other interest of justice warranting intervention; the Sale Order is appealable as of right but the grounds raised are without merit; case management decisions (dismissals, refusals for transcripts and translation) were within the judge's discretion and not plainly wrong; audio recording was offered and unofficial translation provided; costs follow the event and will be assessed by gross sum assessment.
9 Feb 2018

XU ZHIQIANG AND OTHERS v. NG KWOK ON AND OTHERS

Citation

[2018] HKCFI 274
Court

Court of First Instance
Case number

HCA1551/2016

The Master’s indemnity costs order was affirmed because the plaintiffs discontinued serious fraud allegations shortly before the security for costs hearing without adequate explanation, conduct that was tactical and caused wasted time and expense; these special and unusual features justified indemnity costs on the facts, and the appeal was dismissed with indemnity costs for the 2nd and 3rd defendants assessed at HK$169,900.
7 Aug 2013

CHOW SAU HEI v. HO KEUNG YUEN, SMART CREATOR INTERNATIONAL LIMITED

Citation

CHOW SAU HEI v. HO KEUNG YUEN, SMART CREATOR INTERNATIONAL LIMITED
Court

Court of First Instance
Case number

HCMP716/2006

The petitioner knowingly advanced numerous unfounded, speculative and unmeritorious allegations, including serious allegations of fraud made after excluding a key document, which wasted court time and constituted an affront to the court; those special and unusual features justified varying the order nisi so that the petitioner must pay the costs of the petitions on an indemnity basis, and the respondent’s alleged discovery shortcomings did not excuse or justify the petitioner’s conduct.
25 Apr 2012

RE TAM MEI KAM

Citation

RE TAM MEI KAM
Court

Court of First Instance
Case number

HCB3777/2011

The debtor failed to establish any bona fide dispute or to adduce evidence that the judgment of Chung J was tainted by fraud; the collateral fee agreement allegation had been considered and rejected by Chung J and cannot be reopened; therefore a bankruptcy order against the debtor should be made with costs.
24 Apr 2008

THE BANK OF EAST ASIA, LTD v. LABOUR BUILDING LTD AND OTHERS

Citation

THE BANK OF EAST ASIA, LTD v. LABOUR BUILDING LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP769/2002

Appellants (LBL/CSL) failed to discharge the burden of showing a stay was necessary because they did not provide credible evidence that a successful appeal would be rendered nugatory: anonymity of backers and absence of evidence of ability or willingness to fund the judgment debt, failures to comply with prior court‑imposed safeguards, market volatility and risk of forced sale discount meant the court would not grant a stay; appointment of receivers was not ordered because not necessary on the evidence presented.
18 Jan 2008

WISON (SHANGHAI) CHEMICAL ENGINEERING CO LTD v. SIMMONS & SIMMONS (a firm)

Citation

WISON (SHANGHAI) CHEMICAL ENGINEERING CO LTD v. SIMMONS & SIMMONS (a firm)
Court

Court of First Instance
Case number

HCMP664/2007

The defendant's application for security for costs is dismissed because the pleaded claim and the defendant's counterclaim are exact mirror images raising the same issues; in those circumstances the court applied the reasoning in BJ Crabtree and exercised its discretion not to order security despite concerns about the plaintiff's prospects and conduct.
21 Mar 2002

UNICREDITO ITALIANO S.P.A.,HONG KONG BRANCH v. ALAN CHUNG WAH TANG AND ANOTHER

Citation

UNICREDITO ITALIANO S.P.A.,HONG KONG BRANCH v. ALAN CHUNG WAH TANG AND ANOTHER
Court

Court of First Instance
Case number

HCMP3003/2001

The liquidators failed to particularise facts showing fraud that was clear and obvious to the Bank at the time of payment; the matters relied on did not raise a proper issue of fraud and therefore the discovery sought was irrelevant and dismissed.
13 Jul 2000

EXCEL NOBLE DEVELOPMENT LTD. AND ANOTHER v. WAH NAM GROUP LTD.

Citation

EXCEL NOBLE DEVELOPMENT LTD. AND ANOTHER v. WAH NAM GROUP LTD.
Court

Court of First Instance
Case number

HCCW130/2000

The court perfected the prior validation order because the new affidavit evidence did not demonstrate clearly that the Company's supporting materials were false; on interlocutory evidence the court will not resolve disputed facts or decline validation absent clear proof of fabrication and because the cash subscription for shares at 10 cents (above available net assets per share) would not likely prejudice contributories.
10 Nov 1999

YUNG CHONG KEUNG v. LAM CHUN MOU

Citation

YUNG CHONG KEUNG v. LAM CHUN MOU
Court

Court of First Instance
Case number

HCA16477/1999

The ex parte injunctions obtained by Yung were discharged for material non-disclosure of correspondence; there was no sufficient evidence of fraud to vitiate Lam's notice of dissolution and no serious question to be tried on that issue; the court will not order specific performance to compel continuation of the partnership; a limited injunction was granted restraining Yung from representing that Lam had retired until trial and the matter was ordered to a speedy trial with specified case management directions.