Hong Kong Case Law: Decisions & Judgments

Topic

Indemnity clauses

Legal area

Court

27 May 2021

CHINA FORESTRY HOLDINGS CO LTD (IN OFFICIAL LIQUIDATION) AND OTHERS v. KPMG (a firm)

Citation

[2021] HKCFI 1519
Court

Court of First Instance
Case number

HCCL9/2019

The summons seeking the very late Indemnity Amendment was dismissed because KPMG failed to satisfactorily explain the delay, the proposed amendment was of doubtful strength, the SJE had been used to expand the scope beyond the court's order, and allowing the amendment would cause serious prejudice and disrupt imminent trial preparation; the unopposed abandonment of statutory relief was allowed; costs were ordered to the Plaintiffs.
12 Oct 2020

CHINA FORESTRY HOLDINGS CO LTD (IN OFFICIAL LIQUIDATION)AND OTHERS v. KPMG (a firm)

Citation

[2020] HKCFI 2615
Court

Court of First Instance
Case number

HCCL9/2019

The court permitted expert evidence in the specified fields but ordered Single Joint Experts for all fields except Audit, where Separate Experts were ordered due to the high degree of controversy and critical importance of audit evidence; forensic accounting evidence was limited to disputed items (KUB Prepayments and 2010 sham transactions) and evidence purporting to establish the "true financial position" of the group in 2009 was disallowed as marginal and impracticable; Cayman Islands law evidence was allowed to construe relevant articles of association; parties were directed to attempt agr…
6 Jan 2017

ARC TRADE FINANCE FUND v. TES GROUP LTD

Citation

ARC TRADE FINANCE FUND v. TES GROUP LTD
Court

District Court
Case number

DCCJ2783/2015

The defendant's application to set aside the summary judgment was dismissed because the Agreement is a true sale of receivables (not an MLO catchable loan or otherwise exempt), the indemnity in clause 10.01 properly entitled the plaintiff to demand repayment upon the debtor's dispute and supported Aztec's Unwind Notice, the proposed implied terms were unjustified, the identity typo did not defeat plaintiff's locus standi, and the defendant failed to show a defence with a real prospect of success; plaintiff entitled to costs on full indemnity basis under clause 10.01.
13 Mar 2012

LAM CHI TAT, ANTHONY AND ANOTHER v. KAM YEE WAI, ANDREW

Citation

LAM CHI TAT, ANTHONY AND ANOTHER v. KAM YEE WAI, ANDREW
Court

District Court
Case number

DCCJ1545/2009

On construction of the Deed the mutual indemnity in clause 7 covers liabilities arising from third party claims for the period when the parties acted as partners; PIS contributions demanded based on the partnership audited accounts fall within that indemnity; defendant therefore liable to reimburse plaintiffs for his apportioned PIS contributions totaling HK$85,850.39 plus interest; costs to follow the event with costs nisi order.
18 Jan 2006

SINCERE SECURITIES LTD v. LI MOU TONG, VINCENT

Citation

SINCERE SECURITIES LTD v. LI MOU TONG, VINCENT
Court

Court of Appeal
Case number

CACV54/2005

The appellant failed to prove that the alleged indemnity and guarantee terms were to be implied into the defendant's employment contract either by business efficacy or by a trade custom; the evidence did not establish the necessary clarity, precision or uniformity for implication and the documents were signed after employment had ended and were tainted by duress, therefore the defendant was not liable for the BGL loss and the appeal was dismissed.

Hong Kong Case Law

CHINA FORESTRY HOLDINGS CO LTD (IN OFFICIAL LIQUIDATION) AND OTHERS v. KPMG (a firm)

CHINA FORESTRY HOLDINGS CO LTD (IN OFFICIAL LIQUIDATION)AND OTHERS v. KPMG (a firm)

ARC TRADE FINANCE FUND v. TES GROUP LTD

LAM CHI TAT, ANTHONY AND ANOTHER v. KAM YEE WAI, ANDREW

SINCERE SECURITIES LTD v. LI MOU TONG, VINCENT