Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Detinue

  • 26 Aug 2025

    HENGFEI HOLDING LTD v. DUIBA GROUP LTD AND ANOTHER

    Citation
    [2025] HKCFI 3757
    Court
    Court of First Instance
    Case number
    HCA1204/2020

    On the facts the court found the 25 July 2019 communication amounted to a valid, unconditional demand for return of the share certificate and the 1st Defendant's failure to deliver it forthwith by 7 November 2019 constituted an unequivocal refusal giving rise to conversion and detinue from 7 November 2019 until redelivery on 7 January 2020; the claim against the 2nd Defendant failed for lack of pleaded or proven procurement/possession or material assistance.

  • 14 Jun 2024

    HAPPY WISE INVESTMENT LTD v. CHENG SIU LUNG EDWIN

    Citation
    [2024] HKDC 921
    Court
    District Court
    Case number
    DCCJ1228/2024

    On the pleadings the Plaintiff, as a bona fide purchaser for value without notice, established title and exclusive possession to the Handbags; the Defendant's failure to file a defence justified default judgment under O 19 r 7; the pleaded facts supported conversion and detinue; and declaratory relief was appropriate to clear doubt and do the fullest justice, so judgment is entered for the Plaintiff including delivery up, damages to be assessed, interest and costs.

  • 7 Feb 2023

    鄭惠芬 對 黃玉英

    Citation
    [2023] HKDC 171
    Court
    District Court
    Case number
    DCCJ6404/2019

    The plaintiff’s claims fail because the pleaded and proven facts do not show that the forgery caused loss of authorised occupant status (the TPS terms and Housing Authority correspondence confirm she remained a recognised occupant), the plaintiff failed to prove refusal by the defendant to return belongings, key factual evidence by the plaintiff was unreliable, and several asserted losses or novel legal arguments were not properly pleaded and therefore cannot support relief; accordingly all claims dismissed and costs awarded to defendant.

  • 13 Jan 2023

    NKOK, INC v. MAYLOK TOYS INDUSTRIES CO LTD AND ANOTHER

    Citation
    [2023] HKDC 7
    Court
    District Court
    Case number
    DCCJ2010/2019

    On the balance of probabilities P was the true owner of the Toy Molds because P initiated and controlled procurement, approved designs, and paid tooling costs; D1 acted as agent (reimbursement acknowledged and agent duties performed) and repeatedly accepted/preserved purchase orders expressly acknowledging P ownership; D1 failed to prove any express exclusivity or implied term giving it exclusive possession and in any event accepted P's repudiation; D1's possession of the 80-Series Molds was wrongful for purposes of conversion/detinue and could not found a particular or general lien absent la…

  • 15 Apr 2021

    CHOW KWAN YEE v. LEUNG MEI YIN MAY AND ANOTHER

    Citation
    [2021] HKCA 497
    Court
    Court of Appeal
    Case number
    CACV20/2020

    The appeal court upheld the trial judge's factual finding that the plaintiff advanced HK$2,000,000 to assist the 1st defendant and that repayments were made until April 2014, but found no evidential basis to hold the 2nd defendant personally liable on the oral loan (no proven agency or contract with him); the 2nd defendant's monetary counterclaims were dismissed for want of proof or improbability; however, the trial judge erred in dismissing the detinue claim on the ground of insufficient description — the 2nd defendant proved entitlement to delivery up of the specific jade dragon-and-phoenix…

  • 23 Mar 2021

    CHAN MAN KI v. YAU CHUN FOR

    Citation
    [2021] HKCA 393
    Court
    Court of Appeal
    Case number
    CACV9/2019

    The Court of Appeal dismissed the appeal: the plaintiff’s District Court claim in detinue/conversion was not an abuse of process because there was no earlier dispute or adjudication of ownership and the defendant had not indicated an intention to litigate in the Family Court before the claim; while the Family Court has jurisdiction over the Gifts, the plaintiff was not obliged to seek ancillary relief; the District Court action was stayed as a case management measure pending any ancillary relief application by the defendant, and costs of the appeal were awarded to the plaintiff.

  • 28 Oct 2020

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

    Citation
    [2020] HKCFI 2720
    Court
    Court of First Instance
    Case number
    HCA77/2012

    The court accepted the experts’ valuations and methods, fixed the valuation date as 28 April 2017, assessed market value damages at US$543,427 for the gold coins and US$4,000,000 for the ivory screen (total US$4,543,427), awarded indemnity costs (certificate for two counsel) because the defendant unreasonably refused inspection and conducted obstructive/dilatory litigation, and ordered interest at prime plus 1% from 1 September 2011 to judgment and judgment rate thereafter.

  • 12 Aug 2020

    MODEST INTERNATIONAL LTD v. GRANDEX (HONG KONG) LTD AND ANOTHER

    Citation
    [2020] HKDC 309
    Court
    District Court
    Case number
    DCCJ5373/2019

    Plaintiff was the owner entitled to possession; defendants failed to raise any bona fide triable defence or contradictory evidence and had prevented removal of the equipment; accordingly summary judgment was entered for the plaintiff ordering return of the equipment within 14 days or, on default, damages to be assessed, and the defendants' counterclaim was dismissed and struck out.

  • 12 Sept 2019

    WONG WAI TIM v. SIU YUEN PING

    Citation
    [2019] HKCFI 2205
    Court
    Court of First Instance
    Case number
    HCA1128/2019

    The plaintiff's action was an abuse of process and infringed res judicata because it sought relief based on the same underlying facts already determined by default judgment in HCA 612/2019; the plaintiff could and should have sought appropriate relief within that action or by payment into court, and therefore the plaintiff must pay the defendant's costs on an indemnity basis.

  • 10 Sept 2019

    LUEN SHING STEEL IRON AND ANOTHER v. MAN YIP KAU

    Citation
    [2019] HKDC 1207
    Court
    District Court
    Case number
    DCCJ4977/2018

    The application for summary judgment was dismissed and unconditional leave to defend was granted because there exist multiple triable issues of fact and law (notably existence and effect of an alleged JV, employment status, authority over documents and accounting disputes) such that the matter is unsuitable for summary disposal under Order 14.