Hong Kong Case Law: Decisions & Judgments

Topic

Fraudulent misrepresentation

Legal area

Court

17 Apr 2026

FRIENDS FOOD (HONG KONG) COMPANY LTD v. FRIENDS FROZEN FOOD COMPANY LTD AND ANOTHER

Citation

[2026] HKDC 659
Court

District Court
Case number

DCCJ1670/2022

The court found that Yeung and F Frozen Food knowingly made false pre-contractual representations and intended them to be relied upon by Mak and promoters of F Food HK; defendants had in fact formed and acted on the intention to set up Goodsview and compete before the transfer, breaching the express contract terms (including an enforceable 84-month non-compete) and fiduciary/contractual duties to transfer customers, staff and cooperate in licence transfer; misappropriation of receivables of $66,396 was proved but alleged theft of stock was not proved; rescission was inappropriate because rest…
13 Apr 2026

OLDHAM, LI & NIE, SOLICITORS (A FIRM) v. MELVIN WAXMAN AND ANOTHER

Citation

[2026] HKCFI 2098
Court

Court of First Instance
Case number

HCA263/2023

The Master held that the proposed contractual claims arise from the same debt and facts and therefore are permitted amendments which disclose a reasonable cause of action, but the fraud allegations constitute a new cause of action for which no supporting affidavit was provided to meet the service-out requirements, and therefore those fraud amendments are disallowed; accordingly D2's strike-out application is dismissed and P's amendment is allowed in part.
9 Apr 2026

TSUI PING SUM AND ANOTHER v. CHAN KA LOK AND OTHERS

Citation

[2026] HKCFI 1966
Court

Court of First Instance
Case number

HCA432/2021

The amendments were allowed because the proposed re‑amendments did not introduce new causes of action but particularised primary facts and overt acts sufficient to permit reasonable inferences of conspiracy and dishonesty at trial, met the ADS requirements for pleading conspiracy, avoided impermissible rolled‑up formulations by separately pleading fraud, negligence and statutory misrepresentation, and the constructive trust claim could not be precluded at pleading stage as it depended on factual findings about unjust enrichment and knowledge; accordingly the Master’s refusal as to those parts…
20 Mar 2026

KOO MING KOWN v. THE BAPTIST CONVENTION OF HONG KONG AND OTHERS

Citation

[2026] HKCA 372
Court

Court of Appeal
Case number

CACV481/2024

The Court upheld the trial judge: the Three Documents did not constitute an actionable representation that the Name and Insignia were jointly owned (they were aspirational/declaratory and contextually inconsistent with joint ownership); the plaintiff had knowledge of the Academy and Education Centres before the documents and no binding duty of disclosure or fiduciary obligation was proved; there was no inducement or reliance established and the limitation defence was sustainable. Appeal dismissed.
11 Mar 2026

CHEUNG WAN OI KANDY v. LAM CHUNG MAN MANDY AND ANOTHER

Citation

[2026] HKCFI 344
Court

Court of First Instance
Case number

HCA1556/2020

Plaintiff's claims were dismissed because the court found plaintiff unreliable and the recordings selective; there was no proved making of the pleaded 1st–7th representations by D1, and where statements were made they were non-actionable opinions or related to a proposed/unidentified policy; plaintiff did not establish but-for reliance because explanatory and no-reliance contractual disclaimers and PowerPoint disclaimers informed her to seek independent advice and the Chubb policy was explained by licensed insurance agents at Greater China; any duties asserted could not be implied into the ex…
24 Feb 2026

KOO MING KOWN v. THE BAPTIST CONVENTION OF HONG KONG AND OTHERS

Citation

[2026] HKCFI 1096
Court

Court of First Instance
Case number

HCA694/2024

Plaintiff's pleaded claims against the intended defendants are plainly unarguable because the fraud and conspiracy allegations are insufficiently particularised, lack essential elements (knowledge, agreement, overt acts and intention), and BOCs cannot be treated as representations to the plaintiff; accordingly joinder and the proposed amendments are refused and the appeal is dismissed; indemnity costs awarded due to unreasonable conduct in pursuing baseless serious allegations.
28 Jan 2026

LAU SAU MAN also known as MIMI LEONG v. LAU YU FUN AND OTHERS

Citation

[2026] HKCFI 113
Court

Court of First Instance
Case number

HCA3398/2016

Judge accepted contemporaneous documentary evidence (attendance note, will, executed conveyancing documents) and evidence of solicitors/clerks over delayed recollections of elderly parties; found plaintiff intended to gift properties and had taken all steps within her power (including executing PoA and conveyancing documents) so gifts were completed; PoA was validly executed; unpleaded conditional gift argument was rejected as unfair and prejudicial; therefore claims for fraudulent misrepresentation, conspiracy, breach of fiduciary duty, dishonest assistance, knowing receipt, lack of consider…
27 Jan 2026

CHRISTINE RUTH ONG CHAI HOON AND OTHERS v. LAM KIN CHUNG AND OTHERS

Citation

[2026] HKCFI 638
Court

Court of First Instance
Case number

HCA1793/2012

The court found special circumstances on the evidence—namely contradictions between pleaded case and key allegations, incoherence in a central alleged notification, failure to properly plead or prove the case against one defendant and a collective retrospective construction of evidence by the plaintiffs—such that indemnity costs are appropriate; accordingly the plaintiffs' summons to vary the costs order nisi was dismissed and the costs order nisi was made absolute for KC Lam and eBiz and Tommy Lai, with ancillary directions for taxation of summons costs on a party and party basis if not agre…
24 Dec 2025

LI YUHONG v. oOo SECURITIES (HK) GROUP LTD (formerly known as ORIENTIERT XYZ SECURITIES LTD) (formerly known as AMTD Global Markets Ltd) (formerly known as AMTD Asset Management Ltd)

Citation

[2025] HKCFI 5270
Court

Court of First Instance
Case number

HCA475/2020

On the evidence the court found that the defendant (through employee Ariel Liu) made the early redemption and low-risk representations, those representations were false, plaintiff relied on them and was induced to invest HK$10.5m; defendant failed to monitor/manage the entrusted bonds, did not consider or exercise early redemption or default remedies, and breached fiduciary, contractual and statutory duties; defendant cannot rely on contractual non-reliance/exemption clauses (unreasonable/unconscionable or subject to non est factum); judgment for plaintiff on liability, quantum to be assessed…
19 Dec 2025

LUK SIU PO v. LUK HIN LUN AND OTHERS

Citation

[2025] HKCFI 6302
Court

Court of First Instance
Case number

HCA399/2019

Court found many substantive claims in deceit and ritual schemes were time‑barred under the Limitation Ordinance; but on facts the Plaintiff proved she transferred income and funds under the control and directions of D2 and that transfers from the Joint Account to D1 were procured by D2's undue influence so those transfers must be accounted for and returned; the Impugned Documents (Acknowledgment of Debt, Declaration of Trust and 1140 Assignment) were procured by undue influence and set aside; D1 held a resulting trust interest in the 1140 Property proportionate to proven contributions but ha…