Hong Kong Case Law: Decisions & Judgments

Topic

Conversion/misappropriation

Legal area

Court

29 Jun 2020

L TRAVEL CENTER LTD v. TO SAI HO

Citation

[2020] HKDC 484
Court

District Court
Case number

DCCJ3766/2015

On the evidence the company failed to prove the existence of 'Complimentary Arrangements' or that the four sums were misappropriated; contemporaneous documents showed sums were advance tour expenses covered by tour fees; defendant provided credible evidence of work and medical leave such that alleged mistaken overpayment defence failed; there was no evidence defendant deleted corporate client data or solicited clients; accordingly company claims dismissed, defendant's counterclaim for unpaid salary and annual leave allowed and indemnity costs awarded.
24 Mar 2017

HOTUNG INVESTMENT (CHINA) LTD v. ERIC SHEA KIM HOTUNG

Citation

HOTUNG INVESTMENT (CHINA) LTD v. ERIC SHEA KIM HOTUNG
Court

Court of First Instance
Case number

HCA77/2012

The judge found the defendant’s defences to the ownership of the specific lot of 300 American Eagle gold coins and the Ivory Screen were shadowy and that the master properly imposed a financial condition; the defendant had failed to disclose means to establish impossibility of payment, but the appeal allowed in part to reduce the sum to be paid into court to HK$481,640, set aside the January 13 2017 judgment and granted conditional leave to defend if that sum is paid within 28 days, with detailed fallback orders if payment is not made.
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.
11 Apr 1997

DELO (HK) CO LTD v. DAVID LING

Citation

DELO (HK) CO LTD v. DAVID LING
Court

Court of First Instance
Case number

HCA8875/1996

The court found that on the papers the defendant's account contained no improbabilities or inconsistencies and contemporaneous documents did not support the plaintiff's fuller case; accordingly the defendant demonstrated a real prospect of success and the default judgment was set aside, with leave to file a defence within 14 days; costs ordered nisi to be in the cause.

Hong Kong Case Law

L TRAVEL CENTER LTD v. TO SAI HO

HOTUNG INVESTMENT (CHINA) LTD v. ERIC SHEA KIM HOTUNG

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

DELO (HK) CO LTD v. DAVID LING