Hong Kong Case Law: Decisions & Judgments

Topic

Guarantee/indemnity

Legal area

Court

12 Jul 2023

EGO FINANCE LTD v. CHEUNG LAM FONG AND OTHERS

Citation

[2023] HKDC 948
Court

District Court
Case number

DCMP3072/2022

Plaintiff was entitled to judgment against the 1st defendant and guarantor (3rd) for the outstanding sums; plaintiff, as a person interested under the Partition Ordinance and having complied with O.83A/O.88 and the MLO, has standing to seek sale; partition is impracticable and sale is objectively beneficial, so the court exercised its discretion to order possession and sale of the Property with a specified reserve and distribution scheme; costs awarded to plaintiff on a full indemnity basis.
6 Apr 2022

CHIU RICKY TONG v. EAGLE BRIGHT PROPERTY DEVELOPMENT COMPANY LTD AND OTHERS

Citation

[2022] HKCFI 872
Court

Court of First Instance
Case number

HCA520/2019

Eagle Bright's appeal was dismissed because, following its striking off and dissolution, it lacked capacity to continue the appeal and no explanation supported continuation; the Laws failed to raise a credible, particularised defence to repayment of the $5.9m principal (their denial of the Disputed Verbal Agreement was not believable and they did not identify an alternative transaction), and s.25 MLO did not establish a triable issue that would render the principal irrecoverable, therefore summary judgment/interim payment was properly granted and the Laws' appeal was dismissed; costs ordered…
4 Jun 2015

UOB KAY HIAN FUTURES (HONG KONG) LTD v. LAI, LAWRENCE AND ANOTHER

Citation

UOB KAY HIAN FUTURES (HONG KONG) LTD v. LAI, LAWRENCE AND ANOTHER
Court

Court of First Instance
Case number

HCA1946/2011

Leave to appeal out of time was granted because the short delay and merits justified exercise of discretion; the court on rehearing received new materials de bene esse but refused the specific discovery order because although D1 established a prima facie case of existence and relevance, the Tse affidavit of diligent search was not shown to be insufficient at interlocutory stage and thus the court would not go behind that affidavit; consequentially the appeal was dismissed save for the reallocated costs orders and the assessment order was set aside.
12 Aug 2011

WONG NUEN KIU v. ZHU JINFEN AND ANOTHER

Citation

WONG NUEN KIU v. ZHU JINFEN AND ANOTHER
Court

Court of First Instance
Case number

HCA2293/2007

Ng's Account was only a prima facie statement and not a legally binding real account stated; substantial IOU debts and undisclosed drawings (RMB 5,480,000; HK$3,500,000; HK$700,000 and other items totalling about HK$9,500,000) not included in Ng's Account extinguished any asserted credit balance; the $500,000 loan from Lai was advanced for the 1st Defendant's use and the Plaintiff repaid that sum as guarantor and is entitled to judgment for HK$556,800 with interest from 4 December 2002; the Defendants' counterclaim based on Ng's Account is dismissed; the 1st Defendant is entitled to a modest…
8 Nov 1995

FIRST PACIFIC BANK LTD. v. CEN PHONE CO. LTD. and Others

Citation

FIRST PACIFIC BANK LTD. v. CEN PHONE CO. LTD. and Others
Court

Court of First Instance
Case number

HCA2349/1995

Registrar accepted the Plaintiff’s unchallenged evidence and computations, held the 2nd and 3rd Defendants liable under their guarantee, and assessed damages at $589,342.28 with interest at 2% per month from 2 March 1995 and costs on an indemnity basis.

Hong Kong Case Law

EGO FINANCE LTD v. CHEUNG LAM FONG AND OTHERS

CHIU RICKY TONG v. EAGLE BRIGHT PROPERTY DEVELOPMENT COMPANY LTD AND OTHERS

UOB KAY HIAN FUTURES (HONG KONG) LTD v. LAI, LAWRENCE AND ANOTHER

WONG NUEN KIU v. ZHU JINFEN AND ANOTHER

FIRST PACIFIC BANK LTD. v. CEN PHONE CO. LTD. and Others