Hong Kong Case Law: Decisions & Judgments

Topic

Formation of partnership

Legal area

Court

22 Apr 2025

VASILY TRUBNIKOV v. EVGENY VOLOSOV AND OTHERS

Citation

[2025] HKCFI 1576
Court

Court of First Instance
Case number

HCA139/2024

The court refused the interlocutory proprietary injunction: although the Plaintiff has raised a serious issue to be tried on the proprietary/partnership claim, the balance of convenience does not favor granting the injunction because no real risk of dissipation was established, there was no reason to think Defendants could not satisfy a judgment, and the matters relied on were stale or previously litigated; abuse of process was not established but did not justify injunctive relief; accordingly the proprietary freezing relief was denied and the proceedings will proceed to trial on the substant…
8 Feb 2022

BEST STAR HOLDINGS LTD v. LAM CHUN HING AND OTHERS

Citation

[2022] HKCFI 410
Court

Court of First Instance
Case number

HCA558/2012

On the balance of probabilities the parties conducted the joint venture in the form of a partnership rather than Hung being a mere agent; Hung had usual authority to sell many developed units (notably Lots 154A-D and units on Lot 2442) so those sales bind the partnership; however the alleged oral Lot 154 Agreement and Lot 2441 Agreement were not proved with necessary certainty and were not enforceable; assignments to Lawin relating to Lots 154A-E are set aside insofar as they conflict with valid prior sales; certain development expenses paid by Hung and Li Fu Wing are held to be proper partne…
27 May 2003

HAU SIU WAH v. OR PIK KAN t/a FORTUNE NATURE CRYSTAL

Citation

HAU SIU WAH v. OR PIK KAN t/a FORTUNE NATURE CRYSTAL
Court

Court of First Instance
Case number

HCA3986/2001

The judge accepted the plaintiff's credible and consistent evidence of equal contribution, joint stocktaking, joint registration (via plaintiff's representative), consistent equal withdrawals from profits, and payments into the business; the defendant's varying and evasive evidence was rejected. Accordingly the relationship constituted an equal partnership which was dissolved by the plaintiff on 9 August 2001 and the defendant breached fiduciary duties by opening the Wanchai shop using partnership name or funds; an account must be taken including the plaintiff's loan and benefits from the Wan…
21 Jun 2001

KING YUEN VUNG GEORGE AND ANOTHER v. CHAN WAH YING WENDY

Citation

KING YUEN VUNG GEORGE AND ANOTHER v. CHAN WAH YING WENDY
Court

Court of First Instance
Case number

HCA10410/1995

On the facts the court finds a partnership existed between Mr King and the defendant for investing in property (75%/25%), the HK$16,150,000 payments were contributions to partnership capital (not gifts), the partnership was not terminated on 10 July 1995 and instead dissolved on Mr King’s death 20 December 1995, and the appropriate relief is a declaration of dissolution, appointment of a receiver and detailed accounts and inquiries; costs to plaintiffs.
4 May 1988

LO SHEA CHUNG AND ANOTEHR v. KWONG CHEUK HIM AND OTHERS

Citation

LO SHEA CHUNG AND ANOTEHR v. KWONG CHEUK HIM AND OTHERS
Court

Court of Appeal
Case number

CACV24/1988

The Court upheld the trial judge's finding that the plaintiffs and defendants formed a four‑man partnership based on credible oral evidence and supporting witness testimony, and that some documents were not inconsistent with that finding; consequently the defendants breached fiduciary duties by claiming the Guangzhou agreement's benefit for themselves. The appeal was dismissed.
14 May 1982

RE MADAM POON YAU-CHEONG t/a KWOK FU RESTAURANT

Citation

RE MADAM POON YAU-CHEONG t/a KWOK FU RESTAURANT
Court

Court of First Instance
Case number

HCB104/1981

On the totality of the payments, the in‑premises announcement, Madam Poon's active conduct in running the business, the signed acknowledgement by Madam Yau dated 29 June 1981 and subsequent documents prepared and used by Madam Poon and her solicitors, the court finds that Madam Poon intended to and did become a two‑thirds partner of Kwok Fu Restaurant from about 2 December 1980 until cessation on or about 6 September 1981; she was not a trustee and the partnership relationship is established.

Hong Kong Case Law

VASILY TRUBNIKOV v. EVGENY VOLOSOV AND OTHERS

BEST STAR HOLDINGS LTD v. LAM CHUN HING AND OTHERS

HAU SIU WAH v. OR PIK KAN t/a FORTUNE NATURE CRYSTAL

KING YUEN VUNG GEORGE AND ANOTHER v. CHAN WAH YING WENDY

LO SHEA CHUNG AND ANOTEHR v. KWONG CHEUK HIM AND OTHERS

RE MADAM POON YAU-CHEONG t/a KWOK FU RESTAURANT