Hong Kong Case Law: Decisions & Judgments

Topic

Causation and loss

Legal area

Court

21 Feb 2017

MOHAMMAD AMJAD v. JOHN M PICKAVANT & CO

Citation

MOHAMMAD AMJAD v. JOHN M PICKAVANT & CO
Court

Court of Appeal
Case number

CACV268/2013

The Court dismissed the appeal: the trial judge was entitled to find no contributory negligence, was entitled to reject that dismissal would have occurred irrespective of the accident, and acted within permissible evaluative bounds in assessing past and future loss of earnings (including use of Employee's Compensation material and percentage expressions as outcomes of assessment); the damages awards were within the available range.
17 Jul 2014

MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) (formerly known as MOULIN INTERNATIONAL HOLDINGS LTD) v. OLIVIA LEE SIN MEI

Citation

MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) (formerly known as MOULIN INTERNATIONAL HOLDINGS LTD) v. OLIVIA LEE SIN MEI
Court

Court of Final Appeal
Case number

FACV23/2013

The indorsement on the writ governs whether limitation has ceased to run and the challenged claims fell within the purview of the indorsement so s.35 Limitation Ordinance did not bar them; however the Convertible Notes Loss as presently pleaded does not allege the necessary causal facts to establish a triable claim for equitable compensation (i.e. that repayments diminished the pool available for pari passu distribution and were the product of a breach) and is therefore not triable as pleaded; the IND Loss may be repleaded and was reinstated from the Court of Appeal's striking out.
29 Apr 2014

WONG WAN CHOW v. SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE COMMISSIONER FOR LABOUR OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Citation

WONG WAN CHOW v. SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE COMMISSIONER FOR LABOUR OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
Court

District Court
Case number

DCPI1080/2010

On the evidence the Clinic did not breach the standard of care: the defendant's expert evidence that conservative treatment and awaiting physiotherapy were reasonable was accepted; there was no undue delay in referral and, even assuming delay, plaintiff failed to prove any additional damage causally attributable to delayed referral; claim dismissed.
3 Mar 2014

TO PUI KUI v. NG OI CHE AND OTHERS

Citation

TO PUI KUI v. NG OI CHE AND OTHERS
Court

Court of First Instance
Case number

HCA522/2008

The court found on the balance of probabilities that the plaintiff had instructed or agreed at family meetings that Stephanie withdraw funds from the two accounts and empty the Safe Box for funeral expenses and to purchase a car for the plaintiff's benefit; contemporaneous records and implementation corroborated that finding; the Deceased had validly transferred his interest in NPSC before death so the 2nd Account was not estate property; the Bank did not breach the Safe Deposit Box Agreement nor was it put on inquiry by the circumstances; the Estate suffered no proven loss; accordingly all c…
10 Feb 2010

MOULIN GLOBAL EYECARE HOLDINGS LTD AND OTHERS v. KPMG (a firm)

Citation

MOULIN GLOBAL EYECARE HOLDINGS LTD AND OTHERS v. KPMG (a firm)
Court

Court of First Instance
Case number

HCA118/2007

The court held that restated financial statements and particulars identifying off-balance-sheet trade finance liabilities and overstated cash balances are material facts necessary to establish loss and causation and must be provided as particulars; the plaintiffs must also specify any additional executive management alleged to have been involved in fraud and any further forms of fraud beyond the pleaded descriptions. Discovery requests for Ernst & Young working papers and documents relating to loans and proceedings outside the period in which the defendants were auditors were refused as dispr…
16 Sept 2009

BERTE Narcisco Jr. Espejon v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

Citation

BERTE Narcisco Jr. Espejon v. COMPASS TECHNOLOGY CO LTD AND ANOTHER
Court

District Court
Case number

DCCJ3501/2008

Leave to appeal was granted because the court could not rule out a reasonable prospect of success on the key issue whether employees who participated in the conspiracy may nonetheless maintain a conspiracy tort claim based on losses flowing from the principal conspiracy; a stay of proceedings was appropriate after balancing prejudice and case management considerations to preserve the status quo pending appeal, given potential abuse of process and public funding implications; costs ordered in the cause with certificate for counsel and employees' costs subject to legal aid taxation.
9 Mar 2005

MAN FONG HANG v. MAN PING NAM AND OTHERS

Citation

MAN FONG HANG v. MAN PING NAM AND OTHERS
Court

Court of Appeal
Case number

CACV104/2004

The managers breached their fiduciary duty by failing to obtain independent valuation, proper marketing or to invite/engage competing offers; the subsequent resale within 17 days at a substantially higher price (adjusted downward by 10% for vacant possession) disclosed the market value the managers should have achieved; causation of loss to the Wui is established and relief under s.60 is refused because the managers failed to prove they acted honestly and reasonably; therefore the appeal is dismissed and equitable compensation and an account of the fund are ordered.

Hong Kong Case Law

MOHAMMAD AMJAD v. JOHN M PICKAVANT & CO

MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) (formerly known as MOULIN INTERNATIONAL HOLDINGS LTD) v. OLIVIA LEE SIN MEI

WONG WAN CHOW v. SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE COMMISSIONER FOR LABOUR OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

TO PUI KUI v. NG OI CHE AND OTHERS

MOULIN GLOBAL EYECARE HOLDINGS LTD AND OTHERS v. KPMG (a firm)

BERTE Narcisco Jr. Espejon v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

MAN FONG HANG v. MAN PING NAM AND OTHERS