Hong Kong Case Law: Decisions & Judgments

Topic

Existence of partnership

Legal area

Court

8 Apr 2020

LIN ZHEN v. WANG KEE CONSTRUCTION CO LTD AND ANOTHER

Citation

[2020] HKCFI 571
Court

Court of First Instance
Case number

HCA2269/2007

The court found the written agreements and conduct created a partnership between plaintiff and D1; the Initial and Further Capital were capital contributions and the later HK$500,000 was a loan to the partnership; recovery of the alleged HK$900,000 (and any priority/effect of the charge and guarantee) required taking of partnership accounts under the Partnership Ordinance and could not be the subject of a direct common law claim against D1 or D2 at this stage; interest due date and other contractual disputes did not establish repudiation entitling immediate repayment; clause C3 was an unenfor…
15 Dec 2014

SHAH AJAY KANAIYALAL AND ANOTHER v. WONG TAK KWONG JOLY AND ANOTHER

Citation

SHAH AJAY KANAIYALAL AND ANOTHER v. WONG TAK KWONG JOLY AND ANOTHER
Court

Court of First Instance
Case number

HCA1431/2008

The court found on the facts that the oral arrangements for marble and granite established partnerships (shared decisions, costs, profits and losses); Wong (and through him Simbel) misappropriated partnership stock, failed to account and unlawfully removed stock without payment; quality complaints did not convert the partners into buyer/seller such that Wong could withhold contributions; Simbel acted as Wong's alter ego and had actual knowledge, so it is liable as knowing recipient; accordingly the partnerships are dissolved and full accounts and enquiries are ordered with specific directions…
31 Oct 2003

LUI CHI YAN v. IP KIN PING AND OTHERS

Citation

LUI CHI YAN v. IP KIN PING AND OTHERS
Court

Court of First Instance
Case number

HCA3553/2003

Although the plaintiff's partnership case was held arguable but weak, the injunctions were discharged because there was no imminent risk of disposal (defendants publicly and in court denied intention to dispose), the plaintiff faced substantial obstacles proving an implied restriction, damages were an adequate remedy, and the articles empowered removal of the legal representative so restraint would improperly confer permanent status.
18 May 2001

CHAN YU LEUNG v. WU HOK BIU AND ANOTHER

Citation

CHAN YU LEUNG v. WU HOK BIU AND ANOTHER
Court

Court of First Instance
Case number

HCA8921/1998

The court found as a matter of fact that the parties carried on the Linkful business in common with a view of profit and therefore a partnership existed under Partnership Ordinance s.3(1) and s.4(c); payments recorded as "salary" were accepted as salary rather than advance commission and the plaintiff was entitled to salary at HKD 15,000 per month up to 31 August 1997 (one month in lieu of notice), reimbursement of HKD 8,000 and HKD 6,000, disallowed year‑end bonus claims for lack of agreement, reduced the 1st defendant's counterclaim to a 15% markup on HKD 19,521 (HKD 22,966) and ordered an…
17 Jun 1999

CHANG CHEE KEUNG GARY v. CHAN SZE WAH MICHAEL

Citation

CHANG CHEE KEUNG GARY v. CHAN SZE WAH MICHAEL
Court

Court of First Instance
Case number

HCA11816/1998

The defendant failed to show it was just and convenient to order a separate preliminary trial: the same principal witnesses would be required twice, separation risked duplication and inconsistent findings, there would be no significant saving of time or costs (preliminary trial likely five days and only marginal additional time if heard together), and a separate trial could cause delay and extra costs if appealed; accordingly the discretion to order a separate trial was properly exercised against the defendant and Master Poon's dismissal of the summons was correct.
28 Dec 1995

LI TZE KEUNG v. CHOI YUE MING

Citation

LI TZE KEUNG v. CHOI YUE MING
Court

Court of First Instance
Case number

HCA3073/1994

On the balance of probabilities the court accepted the plaintiff's evidence and contemporaneous documentary and witness evidence (meeting with staff, X Company ledger entries, loan evidence from Michael Lau, receipts for sale proceeds and stocktaking) and rejected the defendant's alternative explanations; those findings established that an oral partnership existed and the plaintiff was entitled to an account and enquiries.

Hong Kong Case Law

LIN ZHEN v. WANG KEE CONSTRUCTION CO LTD AND ANOTHER

SHAH AJAY KANAIYALAL AND ANOTHER v. WONG TAK KWONG JOLY AND ANOTHER

LUI CHI YAN v. IP KIN PING AND OTHERS

CHAN YU LEUNG v. WU HOK BIU AND ANOTHER

CHANG CHEE KEUNG GARY v. CHAN SZE WAH MICHAEL

LI TZE KEUNG v. CHOI YUE MING