Hong Kong Case Law: Decisions & Judgments

Topic

Circuity of action

Legal area

Court

22 Feb 2019

YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG, RICKY AND OTHERS

Citation

[2019] HKCFI 388
Court

Court of First Instance
Case number

HCA3020/2015

The court refused to strike out the plaintiff's claim on causation, finding the defendants' causation argument was an abuse of process and, in any event, raised factual issues about available assets and contractual extensions that could not be resolved on strike-out; the court also refused to strike out the defendants' indemnity defence and cross-claim because the enforceability and scope of the articles indemnity under BVI law presented disputed legal and factual issues (including expert disagreement and questions of actual knowledge/incorporation) requiring a trial and particularised pleadi…
24 Oct 2017

DAYS IMPEX LTD (in liquidation) AND ANOTHER v. FUNG, YU & CO (a firm) AND ANOTHER

Citation

DAYS IMPEX LTD (in liquidation) AND ANOTHER v. FUNG, YU & CO (a firm) AND ANOTHER
Court

Court of First Instance
Case number

HCA1035/2014

The strike‑out application was dismissed because the plaintiffs' claim against the auditors raised arguable and non‑plainly‑unsustainable issues of law and fact—including the scope of auditors' duty to detect and report fraud, factual and legal causation, attribution/illegality, circuity and limitation—that could not be resolved summarily on strike‑out and required evidence at trial; D2 could not be struck out on the material before the court.
6 Apr 2009

MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) AND OTHERS v. OLIVIA LEE SIN MEI

Citation

MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) AND OTHERS v. OLIVIA LEE SIN MEI
Court

Court of First Instance
Case number

HCA167/2008

Court struck out claims: (1) by 1st Plaintiff because Bye-law 166 (part of the company constitution and implied into director's appointment) validly indemnifies/exempts the director from ordinary negligence and the 1st Plaintiff, being Bermuda-incorporated/Part XI registered, is not subject to HK Companies Ordinance s165 which would invalidate such indemnity; (2) by 2nd and 3rd Plaintiffs (and refused amendment to add 4th Leadkeen) because Defendant was not a shadow director of those companies and therefore owed them no duties as pleaded; other contested issues (construction of Deed, causatio…

Hong Kong Case Law

YIFUNG DEVELOPMENTS LTD v. LIU CHI KEUNG, RICKY AND OTHERS

DAYS IMPEX LTD (in liquidation) AND ANOTHER v. FUNG, YU & CO (a firm) AND ANOTHER

MOULIN GLOBAL EYECARE HOLDINGS LTD (IN LIQUIDATION) AND OTHERS v. OLIVIA LEE SIN MEI