Hong Kong Case Law: Decisions & Judgments

Topic

Alleged fraud

Legal area

Court

24 Oct 2012

UCO BANK v. DAYS IMPEX LIMITED, LIBERIA AND ANOTHER

Citation

UCO BANK v. DAYS IMPEX LIMITED, LIBERIA AND ANOTHER
Court

Court of First Instance
Case number

HCA204/2012

The documents (board resolution, undertakings, duplicate letters with company chop and director's signature) together with prior 2005 guarantees established at least implied or ostensible authority of the director and a valid personal guarantee; the defendants had no real defence to the claim and summary judgment under Order 14 was warranted, so judgment for the plaintiff was entered.
11 Jan 2008

ANTHONY WEE SOON KIM v. UBS AG HONG KONG BRANCH

Citation

ANTHONY WEE SOON KIM v. UBS AG HONG KONG BRANCH
Court

Court of Appeal
Case number

CACV96/2006

The application for leave to appeal was dismissed because the court's decision was interlocutory (a strike-out under Order 18) so s22(1)(a) did not apply, and the applicant failed to show that the allegations of fraud or the issue of branch identity raised matters of great general or public importance under s22(1)(b); accordingly leave to appeal to the Court of Final Appeal was refused.
2 Mar 2007

VALUE SUCCESS HOLDINGS LTD AND ANOTHER v. ISLAND SECRETARY LTD

Citation

VALUE SUCCESS HOLDINGS LTD AND ANOTHER v. ISLAND SECRETARY LTD
Court

Court of First Instance
Case number

HCA1560/2006

The court ordered Island Secretary to make the Value Success company kit available for inspection and copying by solicitors for Chinese Investments because, although Island Secretary was justified in requiring board authorization given records showing multiple shareholders and directors, the balance of convenience and practical realities favored allowing inspection by an existing shareholder who offered an undertaking in damages; there was no prospect of prejudice to Value Success or Island Secretary that would outweigh the applicants' interest, and the relief was limited to inspection and co…
15 Aug 2003

CHINA UNITED HOLDINGS LTD v. INTERNATIONAL BANK OF ASIA LTD

Citation

CHINA UNITED HOLDINGS LTD v. INTERNATIONAL BANK OF ASIA LTD
Court

Court of First Instance
Case number

HCA2832/2003

The injunction was continued and the Bank's application to set aside the ex parte order was dismissed because the plaintiffs' claim is arguable and prima facie genuine; therefore it would be an abuse of process for the Bank to pursue a statutory demand and threatened winding up in the face of a substantial dispute.
11 Jun 1999

KOON TUNG YING v. LAU CHUP HEI

Citation

KOON TUNG YING v. LAU CHUP HEI
Court

Court of Final Appeal
Case number

FACV24/1998

The substitution of the respondent as beneficiary was validly made and recorded by the insurer in accordance with the policy, the trial judge's concurrent factual finding that the insured signed the change was entitled to deference, and the nomination was not a testamentary disposition requiring Wills Ordinance formalities; accordingly the appeal is dismissed.
23 Mar 1999

SKYTRUCK INTERNATIONAL LTD. v. LAU NAI KEUNG

Citation

SKYTRUCK INTERNATIONAL LTD. v. LAU NAI KEUNG
Court

Court of Appeal
Case number

CACV226/1998

The Court held the guarantee clause was not a conclusive evidence clause because it did not use the word "conclusive" and allowed for future adjustment; given the late discovery of a materially different balance sheet and an accountants' report raising serious questions about the plaintiff's claimed indebtedness, the defendant had an arguable defence and should be granted conditional leave to defend rather than be shut out by summary judgment.

Hong Kong Case Law

UCO BANK v. DAYS IMPEX LIMITED, LIBERIA AND ANOTHER

ANTHONY WEE SOON KIM v. UBS AG HONG KONG BRANCH

VALUE SUCCESS HOLDINGS LTD AND ANOTHER v. ISLAND SECRETARY LTD

CHINA UNITED HOLDINGS LTD v. INTERNATIONAL BANK OF ASIA LTD

KOON TUNG YING v. LAU CHUP HEI

SKYTRUCK INTERNATIONAL LTD. v. LAU NAI KEUNG