Hong Kong Case Law: Decisions & Judgments

Topic

Breach of partnership agreement

Legal area

Court

4 Jan 2019

BRUCE JAMES STINSON v. GU MING GAO

Citation

[2019] HKCFI 43
Court

Court of First Instance
Case number

HCA2352/2012

The court granted relief from the automatic sanction in the unless order and permitted the plaintiff to amend the claim because (1) the agency allegation is central to the main issue of whether the defendant misused the partnership model for private betting and therefore the proposed amendment is germane and necessary for a fair trial, (2) the Court of Appeal rulings and earlier interlocutory orders showed the evidential importance of the disputed betting records and the model, and (3) although there was delay and non-compliance with the unless order, proportionality and the interests of just…
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…
27 Feb 2003

LAU HING WAN AND ANOTHER v. SO WING YEE AND ANOTHER

Citation

LAU HING WAN AND ANOTHER v. SO WING YEE AND ANOTHER
Court

District Court
Case number

DCCJ12206/2000

Judge found Plaintiffs and their witnesses credible and Defendants and their witnesses not credible; fraudulent misrepresentation was not proved; Defendants unlawfully misappropriated most of the partnership stock and $500 on 8 April 1998, thereby effecting a premature withdrawal and dissolving the partnership on that date; under Clause 6 the Plaintiffs were entitled to the inventory and unpaid capital; damages assessed at HK$194,960.04 plus interest; counterclaim dismissed; orders made for recovery of joint bank funds and costs.
1 Nov 2000

MARK STEVEN TOBOR v. DOMINIC YIU WING HONG

Citation

MARK STEVEN TOBOR v. DOMINIC YIU WING HONG
Court

Court of First Instance
Case number

HCA9295/2000

The appeal was dismissed and the Master's decision discharging the prohibition order was upheld because the Plaintiff failed the duty of full and frank disclosure in the ex parte application, materially over‑inflated allegations that misled the Master, and did not adduce satisfactory evidence that the Defendant would permanently leave Hong Kong to justify a prohibition order.
6 Jan 1986

WONG LEUNG WAH, ALIAS WONG LEUNG v. TSANG SAU HAN AND ANOTHER

Citation

WONG LEUNG WAH, ALIAS WONG LEUNG v. TSANG SAU HAN AND ANOTHER
Court

Court of First Instance
Case number

HCA982/1984

The partnership was dissolved effective 1 January 1983; the defendants' counterclaim for damages and fraud failed because alleged misrepresentations were not proved or were immaterial; neither party was awarded damages; accounts and enquiries are to be taken with findings that Yau Yee is entitled to specified reasonable charges (plastic parts HK$9.90 per set, assembly HK$6.80 per set and surplus parts HK$2,972.07) and prior recoveries (eg garnisheed HK$8,825.07) to be reflected in the accounts.
18 Jul 1980

SANG LEE INVESTMENT CO LTD v. WING KWAI INVESTMENT CO LTD AND ANOTHER

Citation

SANG LEE INVESTMENT CO LTD v. WING KWAI INVESTMENT CO LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV18/1980

The Court refused to set aside the orders for specific performance because, on the whole facts, Sang Lee's breaches (misuse of joint venture funds, secret profits and commissions and 'confirmor' sales) were more serious and equitable frauds than the misconduct of Ball Land and Wing Kwai; accordingly equity will enforce the sale agreements rather than unjustly enrich Sang Lee by revoking specific performance.

Hong Kong Case Law

BRUCE JAMES STINSON v. GU MING GAO

MA WANG CHUN v. YUM SHU WING

LAU HING WAN AND ANOTHER v. SO WING YEE AND ANOTHER

MARK STEVEN TOBOR v. DOMINIC YIU WING HONG

WONG LEUNG WAH, ALIAS WONG LEUNG v. TSANG SAU HAN AND ANOTHER

SANG LEE INVESTMENT CO LTD v. WING KWAI INVESTMENT CO LTD AND ANOTHER