Hong Kong Case Law: Decisions & Judgments

Topic

Guarantee

Legal area

Court

15 May 2026

RE WANG WEITAO

Citation

[2026] HKCFI 2813
Court

Court of First Instance
Case number

HCB8432/2025

The filing of the Company’s notice of appeal after the earlier hearing did not amount to a material change in circumstances; the Company’s appeal (limited to para 3 of the NOA) is without merit on the evidence and the prior findings in the WU Judgment, so there are no very good reasons to stay the Bankruptcy Petition; accordingly the Stay Summons is dismissed and the usual bankruptcy order is made against the Debtor with costs payable out of the Debtor’s estate.
27 Apr 2026

GIANT HARVEST LTD v. NAN HAI CORPORATION LTD AND ANOTHER

Citation

[2026] HKCFI 2034
Court

Court of First Instance
Case number

HCA2632/2018

Court implied terms into the SPA requiring each party to use best or reasonable endeavours to agree the Closing Audit within six months of Closing Date or within a reasonable time thereafter (no later than one year), because without such an implication the SPA would lack commercial and practical coherence; True Vision breached that implied obligation by failing to engage and provide adequate particulars within the reasonable period, therefore BDO's Closing Audit was held final and binding for calculation of the Total Price and the Third Guarantee Amount (US$37,434,469). The court further held…
4 Mar 2026

RE CHOY SHIU TIM

Citation

[2026] HKCFI 1338
Court

Court of First Instance
Case number

HCB7443/2025

The petition was dismissed as an abuse of process because the petitioner failed to prove the alleged HK$21,000,000 loan had been advanced to Chiu or produce any contemporaneous evidence of remittance despite repeated requests, the guarantee did not extend to payments to Venture Smart, and the statutory demand and petition were therefore insufficient to establish an undisputed debt; indemnity costs were awarded against the petitioner.
2 Mar 2026

CHAN FUN KWONG v. CHOI CHAK MAN AND OTHERS

Citation

[2026] HKCA 357
Court

Court of Appeal
Case number

CACV136/2024

The appeal is dismissed. The judge was entitled to conclude there was no triable issue: the defendants executed the 2021 Deed acknowledging the loan and outstanding sums; contemporaneous correspondence and partial payments corroborated the asserted Payment Agreement and indebtedness; a deed operates without consideration and the 2021 Deed is enforceable; accordingly summary judgment was properly granted and the defendants are liable for the sums claimed.
5 Jan 2026

AXHT COMPANY LTD v. 王一诚

Citation

[2026] HKCFI 34
Court

Court of First Instance
Case number

HCMP1257/2024

On the evidence as a whole the defendants failed to discharge the burden to clearly establish a novation: there was no documentation or credible conduct showing Plaintiff consented to any substitution, Andrew Wong executed a guarantee after asserting he would repay, defendants' unaffirmed affirmations were inadmissible and given no weight, and circumstantial matters (timing, guarantee, borrowers' confirmations) supported that Wang and Li remained borrowers; accordingly judgments were entered for the Plaintiff and indemnity costs awarded.
19 Dec 2025

EASY FORTUNE PROPERTY LTD 對傅芳瑋及另一人

Citation

[2025] HKCFI 6359
Court

Court of First Instance
Case number

HCA1475/2024

The hearing officer had read the evidence, fairly explained rights, and the first defendant twice confirmed she would not defend; documentary evidence established the loan, security and non‑payment; there was no arguable defence and no procedural unfairness, therefore the appeal is dismissed.
16 Dec 2025

DAH SING BANK, LTD v. GOLDEN GEAR LTD AND OTHERS

Citation

[2025] HKCFI 5583
Court

Court of First Instance
Case number

HCMP469/2022

D1 and D2 failed to discharge the high evidential burden to establish forgery; there was no general duty on the bank to explain the Mortgage or Guarantee; D2 admitted signing the Mortgage; the plain terms of the Mortgage and Guarantee, including principal‑debtor and non‑enquiry clauses and conclusive evidence clauses, render D1, D2 and D3 jointly and severally liable for the indebtedness; accordingly judgment was entered for the bank and an order for possession granted.
25 Nov 2025

GRADE ONE LTD AND OTHERS v. CHOW CHIN YUI, ANGELA AND OTHERS

Citation

[2025] HKCA 1051
Court

Court of Appeal
Case number

CACV371/2022

The Court held the new evidence was capable of showing the plaintiffs' liabilities may have been discharged by a US$3,000,000 loan arranged in Oct 2020 and that there was a reasonable prospect of proving the summary judgment may have been obtained by fraud through suppression; conditions 2 and 3 of Ladd v Marshall (materiality and causation) were satisfied and the reasonable diligence limb could be relaxed in the circumstances, therefore leave to adduce fresh evidence was granted, the summary judgment set aside and unconditional leave to defend was ordered.
28 Oct 2025

VPOWER GROUP INTERNATIONAL HOLDINGS LTD v. CRRC HONG KONG CAPITAL MANAGEMENT CO. LTD

Citation

[2025] HKCA 952
Court

Court of Appeal
Case number

CAMP118/2025

The court held there was no reasonable prospect of success on the proposed appeal: the finance lease arrangements were not shown to be sham loans caught by the MLO and contemporaneous documents supported their characterisation as sale and leaseback transactions; even if characterized as loans exemptions under the MLO were potentially available; the statutory demands were not invalid merely because of apportionment or joint liability issues and VP ListCo’s liability under the Guarantee (or VPG’s joint promise) sufficed to support insolvency allegations; accordingly leave to appeal was refused…
8 Oct 2025

HOU YUANJIE v. LAW LAP SAN NIXON

Citation

[2025] HKDC 1684
Court

District Court
Case number

DCCJ1110/2023

The court accepted the Plaintiff's version and contemporaneous evidence over the Defendant's, found the Defendant's account to be inconsistent and not credible, held that undue influence was not established (neither actual nor Class 2(B) presumed), concluded the loan was made and funds transferred to Ng's designated accounts, and entered judgment for repayment of HK$2,000,000 with contractual interest from 7 May 2019 and costs to follow the event.