Hong Kong Case Law: Decisions & Judgments

Topic

Consent order construction

Legal area

Court

7 Mar 2023

RE XIWANG INVESTMENT COMPANY LTD

Citation

[2023] HKCFI 713
Court

Court of First Instance
Case number

HCCW30/2021

The Consent Order must be construed commercially in light of the Standstill Agreement; para 2's 'liberty to restore' is open-ended and may be invoked by either party on good cause, including where clause 2.4 of the Standstill Agreement automatically cancels the standstill on default. Therefore the Petitioner is entitled to restore the winding-up petition immediately upon the Company's default and the court so ruled.
7 Apr 2014

CHEUNG HING v. WONG CHOR CHEUNG AND OTHERS

Citation

CHEUNG HING v. WONG CHOR CHEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA925/2010

The consent order was properly construed as requiring that a sale not be secretly conducted to exclude the plaintiff; the Best Century agreement was a sham orchestrated to preserve control by the 1st defendant, the corporate veil was pierced to reveal Best Century as the 1st defendant's alter ego, Best Century was not a bona fide purchaser for value without notice, and the plaintiff had standing to bring personal and derivative claims; accordingly the agreement was void, registration vacated and injunctive and costs relief granted.
16 Mar 2012

WAI KAM CHOI AND ANOTHER v. WAI, THOMAS KAM WING also known as WAI KAM WING THOMAS

Citation

WAI KAM CHOI AND ANOTHER v. WAI, THOMAS KAM WING also known as WAI KAM WING THOMAS
Court

Court of First Instance
Case number

HCA856/2009

The Consent Order phrase "no order as to costs of the action" did not extinguish the Plaintiffs' pre-existing costs entitlement for the Amendment Application which had been ordered by the Court; the Plaintiffs were therefore entitled to costs of that application but the claimed quantum was excessive and on a party-and-party basis the appropriate gross sum award was $15,000; costs of the subsequent costs application were ordered to be no order as to costs.
7 Jun 2010

WMC v. STW

Citation

WMC v. STW
Court

Court of Appeal
Case number

CACV162/2009

The Court of Appeal held that under Hong Kong law conduct will be taken into account only if it meets the "gross and obvious" standard and that the judge erred in treating the husband's post-expiry refusal to sell as conduct justifying departure from equal sharing because the offers at the relevant prices arose after the Consent Order's six month period had expired; accordingly the additional $1.5m uplift and the Hoi Tan related order were unjustified and set aside, and the primary order was amended (payment reduced from $2.7m to $1.2m and deletion of the $0.4m provision).
24 Jun 2003

LAI KI v. B+B CONSTRUCTION CO LTD AND OTHERS

Citation

LAI KI v. B+B CONSTRUCTION CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI63/2001

For purposes of deciding whether High Court or District Court scale costs should apply when a settlement falls within the District Court monetary limit: (1) subtract employee's compensation actually received from the plaintiff; (2) assess the value of the claim on the basis of full liability ignoring any deduction for contributory negligence unless it is admitted in the statement of claim; (3) the usual order is District Court scale unless the High Court, in exercise of its discretion, is persuaded there was a reasonable prospect of an award exceeding the District Court limit on full liabilit…
16 Dec 2002

SOUTH-EAST ASIA FINANCE CO. LTD. v. TSUI LUEN ON

Citation

SOUTH-EAST ASIA FINANCE CO. LTD. v. TSUI LUEN ON
Court

Court of First Instance
Case number

HCA1997/2000

Appeal allowed and master's striking out set aside: despite inordinate delay and potential abuse, dismissal was not the appropriate exercise of discretion because limitation had not expired, the plaintiff was likely to recommence proceedings, and more good would be achieved by transferring the action to the District Court with strict directions to prevent further delay rather than dismissing and thereby prematurely releasing Labour Tribunal funds.
3 Sept 2002

LAM YIM KAM JOHNSON v. LAM YIM HING DAVID

Citation

LAM YIM KAM JOHNSON v. LAM YIM HING DAVID
Court

Court of First Instance
Case number

HCA642/2001

The consent order required accounts and payments relating solely to the income and expenses of the Wai Yip Street property; amounts expended on other properties, although paid from Wai Yip rental, were not expenses of the Wai Yip property and could not be included or deducted in the account under the consent order; accordingly the Defendant's deduction of $130,934 was not permissible and the Order was varied to require payment of $65,333.34.
15 May 2002

LI CHUN v. LI WING FUNG

Citation

LI CHUN v. LI WING FUNG
Court

Court of First Instance
Case number

HCSD7/2002

The court found an ambiguity in paragraph 2 of the Consent Order as to which ‘Judgment’ could be enforced on default; that ambiguity gave rise to a genuine and substantial dispute of debt under r.48(5)(b) Cap.6A; accordingly the statutory demand was set aside and costs were awarded to the applicant (order nisi to tax if not agreed).