Hong Kong Case Law: Decisions & Judgments

Topic

Breach of implied term

Legal area

Court

16 Dec 2025

LAM YIN v. LIU PING

Citation

[2025] HKDC 2063
Court

District Court
Case number

DCCJ1034/2023

The defendant demonstrated a real prospect of success on the penalty point such that the threshold for setting aside a regularly obtained default judgment was met; accordingly the court set aside the default judgment and extended time for appeal, but exercised its discretion to grant relief on terms requiring the defendant to pay HK$200,000 into court as security within 42 days to protect the plaintiff from prejudice.
24 Aug 2018

KO HON YUE v. CHIU PIK YUK,the wife and intended administratrix of LIU CHING LEUNG, deceased AND OTHERS

Citation

[2018] HKCFI 1973
Court

Court of First Instance
Case number

HCA3494/2003

The court varied the costs order nisi: the 1st defendants must pay the plaintiff the costs of the determination and 60% of the costs of the trial, to be taxed on the District Court scale. The reduction (depriving plaintiff of 40% of trial costs) was justified because the plaintiff pursued a distinct and unsuccessful claim in breach of implied term that materially increased length and cost of trial, and the plaintiff conducted litigation unreasonably and exaggerated his claim; the CJR principles apply to this straddle case and inform a proportionality-based exercise of costs discretion.
15 Jan 2016

CHEUNG WING YEE v. ANGEL KISS LTD

Citation

CHEUNG WING YEE v. ANGEL KISS LTD
Court

District Court
Case number

DCPI2259/2011

Plaintiff proved on balance of probabilities that the defendant breached the duty of care in tort and the implied contractual term under s5 Cap 457 by negligently administering nano E-light treatment, causing facial burns; appropriate damages were assessed on evidence and by reference to prior comparable decisions, resulting in an award totalling $130,165.67 together with interest and costs.
2 Sept 2014

ROH CHUNG HYUN v. KOREA EXCHANGE BANK, HONG KONG BRANCH AND ANOTHER

Citation

ROH CHUNG HYUN v. KOREA EXCHANGE BANK, HONG KONG BRANCH AND ANOTHER
Court

Court of First Instance
Case number

HCA598/2014

The court found a serious issue to be tried on whether the banks breached an implied obligation to use best endeavours to secure a variation order, concluded damages would be an inadequate remedy for unlisted company shares, rejected the contention that specific performance is inevitably inappropriate, found no irreparable prejudice to the banks that continuation of the injunction could not compensate, and therefore continued the interim injunction pending final determination.

Hong Kong Case Law

LAM YIN v. LIU PING

KO HON YUE v. CHIU PIK YUK,the wife and intended administratrix of LIU CHING LEUNG, deceased AND OTHERS

CHEUNG WING YEE v. ANGEL KISS LTD

ROH CHUNG HYUN v. KOREA EXCHANGE BANK, HONG KONG BRANCH AND ANOTHER