Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Duress to the person

Legal area

Court

6 Jun 2025

周瑛偉 v. 李錦棠

Citation

[2025] HKDC 952
Court

District Court
Case number

DCCJ406/2021

On the balance of probabilities the plaintiff failed to prove a genuine disputed entitlement prior to the alleged Settlement Agreement and the plaintiff's account of events is not credible; alternatively, even if a debt existed the court finds the alleged duress was not proved and the settlement would have been supported by consideration, but the plaintiff's failure of proof on existence of a dispute and credibility grounds is decisive; accordingly the claim is dismissed.
21 Mar 2013

MIR, ABDUL REHMAN v. MIR, HEENA

Citation

MIR, ABDUL REHMAN v. MIR, HEENA
Court

Court of Appeal
Case number

CACV10/2012

The Court of Appeal upheld the trial judge's primary findings that the appellant assaulted the respondent and that the earlier assault and the appellant's continued presence and pressure amounted to illegitimate pressure (duress) contributing to the respondent's execution of the Deed of Gift; the respondent did not unequivocally affirm the deed by her subsequent conduct or correspondence; accordingly the Deed of Gift was voidable and the respondent avoided it; the appeal was dismissed and the judgment below (including damages) stands.