Hong Kong Case Law: Decisions & Judgments

Topic

Indemnity claim

Legal area

Court

14 Jun 2024

CHINA CITIC BANK INTERNATIONAL formerly known as CITIC BANK INTERNATIONAL LTD formerly known as CITIC KA WAH BANK LTD v. LI YAN HUNG AND OTHERS

Citation

[2024] HKCFI 1410
Court

Court of First Instance
Case number

HCMP2208/2019

The court held it had no jurisdiction to grant leave because the Judgment determined the substantive rights between the plaintiff and the Firm and was therefore appealable as of right under RHC Order 59 r21(1)(a). Independently, the court found the plaintiff's intended third party claims were unarguable: the DT Claim failed because the mortgage had priority under LRO s3(2) and there was no loss to the plaintiff, and the Li Claim (non est factum/misrepresentation) was frivolous and bound to fail because contemporaneous documentary and testimonial evidence contradicted the 1st defendant's premi…
20 Mar 2007

LEE CHIU LAN v. VIATECH ENGINEERING LTD AND ANOTHER

Citation

LEE CHIU LAN v. VIATECH ENGINEERING LTD AND ANOTHER
Court

District Court
Case number

DCEC154/2004

On the uncontradicted documentary and witness evidence the court found R1 was the employer of the eight deceased and R2 was the principal contractor; the deaths occurred in the course of employment and therefore arose out of employment by operation of s.5(4)(a); compensation was assessed under s.6 and s.11 with apportionment under Schedule 7 as set out in the judgment; interest and costs awarded; indemnity claim by R2 against R1 to be heard subsequently under s.24(2).
24 Apr 2002

HUNG TUNG SHING AND ANOTHER v. THE INCORPORATED OWNERS OF KWONG SANG HONG BUILDING BLOCK B AND ANOTHER

Citation

HUNG TUNG SHING AND ANOTHER v. THE INCORPORATED OWNERS OF KWONG SANG HONG BUILDING BLOCK B AND ANOTHER
Court

District Court
Case number

DCCJ3013/2001

The 2nd Defendant was negligent for failing to provide waterproof sealing as required (Reg 36(2)), and the 1st Defendant, as manager of the common parts, was negligent in failing to remedy the defect after notice; the court dismissed the claim for injunction for lack of jurisdiction/evidence on rateable value and for failure to join other affected owners; damages of HKD 20,000 were awarded to the Plaintiffs against both defendants jointly and severally, interest was ordered, the 1st Defendant's indemnity claim against the 2nd Defendant was dismissed, and costs were assessed against the 2nd De…

Hong Kong Case Law

CHINA CITIC BANK INTERNATIONAL formerly known as CITIC BANK INTERNATIONAL LTD formerly known as CITIC KA WAH BANK LTD v. LI YAN HUNG AND OTHERS

LEE CHIU LAN v. VIATECH ENGINEERING LTD AND ANOTHER

HUNG TUNG SHING AND ANOTHER v. THE INCORPORATED OWNERS OF KWONG SANG HONG BUILDING BLOCK B AND ANOTHER