Hong Kong Case Law: Decisions & Judgments

Topic

Inducing breach of contract

Legal area

Court

4 Nov 2022

TRIUNION (H.K.) CEREAL & OIL CO LTD v. APAC INVESTMENT HOLDINGS LTD AND OTHERS

Citation

[2022] HKCFI 3326
Court

Court of First Instance
Case number

HCA1366/2017

The 2nd Deed and Instrument of Transfer obligated defendants to transfer 21,163,819 ListCo shares as constituted on the contract date (par value HK$0.1); the share subdivision was not part of the contractual background known to plaintiff and could not be read in by notice or estoppel; the 3rd Defendant orchestrated the subdivision and concealed its effect, inducing breach and/or participating in unlawful means conspiracy; plaintiff’s loss equals the difference between the value of undiluted entitlement and the value of the diluted shares actually received, assessed at HK$108,147,115.09.
9 Oct 2020

ETON PROPERTIES LIMITED AND ANOTHER v. 廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司

Citation

[2020] HKCFA 32
Court

Court of Final Appeal
Case number

FACV3/2019

The Court held that (1) a common law action to enforce a Mainland arbitral award is not confined to mechanistic enforcement under the statutory summary procedure and the enforcing court can award damages or other appropriate remedies; (2) the enforcement action is a separate cause of action distinct from the underlying arbitration and not necessarily caught by the arbitration clause so as to require a stay; (3) the extant arbitral order for continued performance did not preclude the enforcing court from awarding damages in enforcement proceedings once an informed election was made and statuto…
9 Oct 2020

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LIMITED AND OTHERS

Citation

[2020] HKCFA 32
Court

Court of Final Appeal
Case number

FACV5/2019

The Court dismissed the appeals: (1) a common law action on an arbitral award is a separate enforcement cause of action and the enforcing court is not confined to mechanistic entry of judgment in terms of the award but may award damages or other relief appropriate for enforcement; (2) the Court may award damages despite an earlier non‑monetary award for continued performance and no requirement to return to the tribunal to obtain damages where enforcement jurisdiction properly lies with the court; (3) the constructive trust claim failed because the Agreement was not one which Hong Kong law wou…
3 Jun 2019

厦門新景地集團有限公司 formerly known as 厦門市鑫新景地房地產有限公司 v. Eton Properties Limited, Eton Properties (Holdings) Limited, Eton Properties Group Limited formerly known as Eton Properties (International) Limited, Legend Properties (Xiamen) Company Limited, a limited company incorporated in Hong Kong, Tan Lucio C

Citation

[2019] HKCFA 21
Court

Court of Final Appeal
Case number

FAMV6/2019

The Court of Final Appeal refused leave on questions that were fact-specific and well-settled in law, but granted leave on identified legal questions requiring authoritative clarification: (a) the required causation for the tort of inducing breach where the contracting party may have been predisposed to breach; (b) whether foreign governing law precludes Hong Kong property and trust rules transferring equitable title on agreement or specific performance; and (c) whether and how the jurisdiction of Hong Kong courts to enforce Mainland arbitral awards by common law action is affected by the sta…
3 Jun 2019

Eton Properties Limited, Eton Properties (Holdings) Limited v. 厦門新景地集團有限公司 formerly known as 厦門市鑫新景地房地產有限公司

Citation

[2019] HKCFA 21
Court

Court of Final Appeal
Case number

FAMV7/2019

The Court refused leave on questions that were fact-specific or involved settled law and granted leave on re-formulated questions that raise points of law of general importance: specifically the proper requirement of causation in the tort of inducing breach where the contracting party may have breached absent inducement; whether Hong Kong property and trust law may operate to transfer equitable title despite a foreign governing law clause in a share sale agreement; and whether the jurisdiction of Hong Kong courts enforcing Mainland arbitral awards by common law action is affected by the statu…
10 Dec 2018

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

Citation

[2018] HKCA 941
Court

Court of Appeal
Case number

CACV158/2012

The Court ordered that D1/D2 pay 75% of the plaintiff's costs of the appeal (to be taxed if not agreed) with certificate for 4 counsel; the plaintiff may have payment out of the $3.9 million paid into court with interest after 35 days from this judgment (or until further order); the plaintiff must pay the costs of D3-5, D6 and D10 (taxed if not agreed) with certificate for 2 counsel; the plaintiff must pay costs of D7-9 and D11 up to 23 May 2014 (taxed if not agreed) with certificate for 2 counsel; the judge's first instance costs order between plaintiff and D1/D2 was set aside to the extent…
10 Dec 2018

XIAMEN XINJINGDI GROUP CO LTD formerly known as (廈門巿鑫新景地房地產有限公司) v. ETON PROPERTIES LTD AND OTHERS ETON PROPERTIES LTD AND OTHERS

Citation

[2018] HKCA 942
Court

Court of Appeal
Case number

CACV158/2012

The court refused leave because the contested questions were either not questions of great general or public importance or not reasonably arguable; it held that a common law action on an award is founded on an implied promise to comply with the award so damages compensate non-performance of the award (not the underlying contract’s loss of bargain); the inducing breach, conspiracy and constructive trust claims failed on settled law and concurrent factual findings and thus did not merit certification to the Court of Final Appeal.
5 Dec 2017

MAKHSSIAN TRAJAN VAHE v. HONG KONG CYBERPORT MANAGEMENT CO LTD

Citation

MAKHSSIAN TRAJAN VAHE v. HONG KONG CYBERPORT MANAGEMENT CO LTD
Court

Court of First Instance
Case number

HCA43/2017

The court struck out the Amended Statements of Claim insofar as the tortious causes of action were wholly unarguable and lacking particulars, but refused to finally dismiss the contractual claim because there was an arguable case that an oral assurance by Eastpoint's officer might have created a binding contract; the plaintiff was granted leave to file fresh Statements of Claim limited to properly pleaded contractual allegations; the application to adduce new evidence was dismissed.
15 Apr 2016

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

Citation

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS
Court

Court of Appeal
Case number

CACV158/2012

The Court of Appeal held that (1) a common law action on a foreign arbitral award is maintainable in Hong Kong and the court has jurisdiction to award damages for breach of the implied promise to honour the award (governed by lex fori), (2) the plaintiff must elect between the statutory judgment entered under the Arbitration Ordinance and pursuing damages in common law but the plaintiff had not made an informed irrevocable election because the restructure was undisclosed, and (3) the pleaded economic torts (inducing breach and unlawful means conspiracy) and the constructive trust claim failed…
21 Feb 2014

GE TRANSPORTATION (SHENYANG) CO, LTD v. A-POWER ENERGY GENERATION SYSTEMS,LTD AND OTHERS

Citation

GE TRANSPORTATION (SHENYANG) CO, LTD v. A-POWER ENERGY GENERATION SYSTEMS,LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1720/2013

On the pleadings the court was satisfied Head Dragon and ANE had notice of A-Power's indebtedness and, by transferring Liaoning shares at a significant undervalue after an interim/arbitral order, intended to render A-Power judgment‑proof; that disposition was voidable under s.60 CPO and also supported liability for inducing breach; accordingly default judgment was entered setting aside the transfer and ordering consequential relief and assessment of damages.