Hong Kong Case Law: Decisions & Judgments

Topic

Interlocutory judgment

Legal area

Court

8 Aug 2025

KENWELL LTD v. LIU KIN KWAN GARY AND LAM TAT CHOW (BOTH TRADING UNDER THE NAME OR STYLE OF 昌盛公司, A FIRM)

Citation

[2025] HKDC 1188
Court

District Court
Case number

DCCJ3616/2023

Defendants failed the threshold of demonstrating an arguable appeal with reasonable prospect of success given prior findings and refusal of leave; their asserted non‑monetary and monetary harms were unproven and/or compensable by damages; balancing prejudice favoured the plaintiff who was entitled to possession; therefore the court refused to grant a stay of execution and dismissed the Summons.
21 May 2024

SUN HSIEN LONG AND OTHERS v. WU WAI LEUNG DANNY

Citation

[2024] HKCFI 1285
Court

Court of First Instance
Case number

HCA831/2018

The Official Receiver did not adopt the Defendant's defence so the Defendant had no interest to defend; the Re-re-amended Defence being struck out meant the pleaded facts were deemed admitted under Order 18 r 13(1), entitling the Plaintiffs to interlocutory judgment on liability and an assessment of damages at the admitted sum of HK$10,707,030 with pre-judgment interest at commercial rate plus 1% from 10 November 2015 until judgment and thereafter at the judgment rate until payment.
19 Apr 2024

FONG YUEN TUNG NICOLE v. PONG YUEN KONG

Citation

[2024] HKCFI 1061
Court

Court of First Instance
Case number

HCA939/2022

The court accepted the plaintiff proved that the water seepage originated from the defendant's premises, that the investigation and temporary repair costs were reasonable and supported by receipts and that general damages for nuisance in the sum of HK$80,000 was appropriate; accordingly the plaintiff was awarded investigation costs of HK$18,000, repair costs of HK$17,500 and general damages of HK$80,000 (total HK$115,500), interest from the writ date at HSBC prime+1% and costs to follow the event.
11 May 2023

FOCUS INDUSTRIES AND ANOTHER v. BLUE ANCHOR LINE AND ANOTHER

Citation

[2023] HKCFI 1278
Court

Court of First Instance
Case number

HCAJ50/2021

The Court found the Plaintiffs were reasonable to insist on inspection and only by 28 April 2022 could the Plaintiffs have agreed to set aside the interlocutory judgment in relation to the four containers; D2 should therefore bear the Plaintiffs' costs of D2's Summons but on the District Court scale as the claim size made High Court scale disproportionate; the Plaintiffs' Summons unnecessarily duplicated existing applications so nominal costs were awarded to the Defendants with 50% of that summons' costs to be in the cause.
23 Aug 2022

CHINA CONSTRUCTION BANK (ASIA) CORPORATION LTD v. WONG SAI CHUNG

Citation

[2022] HKCFI 2579
Court

Court of First Instance
Case number

HCA1628/2021

Defendant failed to particularise or provide evidence of a clear shared assumption or representation amounting to an estoppel by convention and failed to show lack of consideration; negotiations alone and a demand letter shortly after maturity contradicted any alleged forbearance; accordingly no triable issues were established and final judgment entered for the principal with interlocutory judgment for interest and damages to be assessed, and costs ordered nisi on an indemnity basis up to interlocutory judgment.
19 Apr 2022

BUDWORTH CO LTD v. LAM PO ON AND ANOTHER

Citation

[2022] HKDC 297
Court

District Court
Case number

DCCJ3270/2020

The court accepted the plaintiff's documentary and expert evidence and awarded full adjusted repair costs of HKD 131,000 and survey fee HKD 800; the plaintiff may recover policy excess paid. Pre-judgment interest was disallowed for a three-year period due to substantial and inexcusable delay by the plaintiff; interest awarded at 1% above HSBC best lending rate from 15 July 2017 to date of assessment and thereafter at the judgment rate. Costs, although normally following the event, were summarily reduced as disproportionate and assessed at HKD 67,231.50 payable forthwith.
1 Nov 2021

THAPA KAMALA v. HO LAI MING (Deputy Special Magistrate at Eastern Magistrates’ Courts)

Citation

[2021] HKDC 1362
Court

District Court
Case number

DCCJ1719/2019

The court held the Statement of Claim disclosed a reasonable cause of action under ss125/126 Magistrates Ordinance and was not an abuse of process; statutory provisions permitting actions against magistrates meant the claim could proceed and judicial immunity did not automatically defeat it; the defendant's failure to comply with the Unless Order was intentional and contumelious, no relief from sanction had been sought, and interlocutory judgment for damages to be assessed should be entered against the defendant.
29 Oct 2021

莫懿 V. 宏大香港資產管理有限公司 AND ANOTHER

Citation

[2021] HKCFI 3218
Court

Court of First Instance
Case number

HCA897/2018

The court found that material triable issues exist as to (a) what term(s) of the Investment Agreement, express or implied, oblige GCAM to return or pay the invested and guaranteed sums; (b) whether the Investment Agreement and the related Supplemental Agreement are supported by consideration; and (c) whether the Supplemental Agreement was procured by duress. Because these issues are not suitable for determination on an Order 14 application, the summons for summary judgment failed and must be dismissed.
3 Dec 2019

WONG HON CHUEN v. CHUNG KING CHUNG formerly trading as GRASSCITY FREIGHT CO

Citation

[2019] HKDC 1712
Court

District Court
Case number

DCEC987/2018

The summons was dismissed because it was framed too broadly and amounted to a fishing expedition; its original purpose (locating the respondent) was overtaken after substituted service and interlocutory judgment; the respondent had already disclosed a document (described as quotation/pro forma invoice) that in substance contained the contract terms sought, so there was no proper basis to exercise discretion to order further discovery; costs were awarded on a party-and-party basis rather than indemnity given the employer lacked insurance and the applicant proceeded partly to preserve ECAS Fund…
23 May 2019

TSUI WAI HO v. PRIDE GLORY LTD formerly t/a ZITI’S

Citation

[2019] HKDC 657
Court

District Court
Case number

DCEC1791/2015

The court accepted the medical evidence and the applicant's earnings ($4,365/month) and held the Form 9 assessment of 3% loss of earning capacity binding. Applying the Ordinance the court awarded statutory compensation of $12,571.20 under s.9, $16,878 for temporary incapacity (145 days) under s.10 and $2,190 for medical expenses under s.10A, credited periodic payments of $27,470.40 resulting in net EC award $4,168.80. On the PI claim the court awarded PSLA $250,000, pre-trial loss of earnings $22,152.38, future loss of earning capacity $50,000, and special damages $3,100, credited the EC amou…