Hong Kong Case Law: Decisions & Judgments

Topic

Joint liability

Legal area

Court

11 Dec 2025

LAI YAU FOON v. WONG TIN CHEUNG AND OTHERS

Citation

[2025] HKDC 1944
Court

District Court
Case number

DCMP46/2021

The court found the 3rd Defendant breached Clause 4 by failing to deliver vacant possession; the defence of total waiver failed for lack of clear and unequivocal representation and inconsistent evidence; Clause 22 need not be finally determined because breach of Clause 4 sufficed; damages were assessed by reference to the difference between the contract price and the amount received under the settlement with the 1st Defendant (HK$450,000); the 3rd and 4th Defendants, having entered the Agreement together, are jointly liable, and the court ordered judgment for the Plaintiff against them accord…
5 Sept 2025

香港特別行政區訴梁曉彤

Citation

[2025] HKCA 814
Court

Court of Appeal
Case number

CACC215/2024

The trial judge's factual findings based on the CCTV footage were within her province, were not plainly wrong, and established that the applicant either actively struck or wilfully neglected to protect the children; therefore leave to appeal against conviction was refused and the convictions were upheld.
21 Oct 2024

香港特別行政區訴趙名宇及另一人

Citation

[2024] HKCFI 2622
Court

Court of First Instance
Case number

HCMA223/2023

Trial judge correctly found confessions and recorded admissions to be voluntary after consideration of evidence; objective evidence (CCTV, sales records) combined with admissions established dishonest intent and coordinated conduct in selecting high-value items not paid for; on rehearing the appellate court was satisfied beyond reasonable doubt and dismissed the appeal, upholding convictions.
21 Jun 2024

李汶禧對楊美芳

Citation

[2024] HKDC 1011
Court

District Court
Case number

DCCJ1310/2021

On the balance of probabilities the court accepted the plaintiff's account and contemporaneous handwritten documents (the third IOU and the 31 October 2015 loan confirmation) as authentic and corroborative, and therefore held the first defendant liable as a borrower for RMB100,000 with agreed interest; the first defendant's forgery and witness-only defenses were rejected due to inconsistency and lack of supporting evidence.
14 Jul 2023

香港特別行政區訴杜敏儀

Citation

[2023] HKCFI 1812
Court

Court of First Instance
Case number

HCMA271/2021

The appeal is dismissed because the court found the appellant's guilty plea was voluntary and informed (she knew the likely outcomes from her duty lawyer), the CCTV and conduct showed active joint participation and dishonest intent (including misleading an animal volunteer), and the sentence of 4 months imprisonment suspended for 1 year was not manifestly excessive given the value of the dog and circumstances of the offence.
5 May 2021

WONG TO YICK WOOD LOCK OINTMENT LTD v. IMPERIAL CHARITY HALL MEDICINES LTD AND ANOTHER

Citation

[2021] HKCFI 1252
Court

Court of First Instance
Case number

HCIP7/2021

On undisputed evidence plaintiff established substantial goodwill and registered well-known trade marks and demonstrated that the defendants' mark 金牌道益 and packaging were deceptively similar to plaintiff's marks and get-up, causing a likelihood of confusion and actual deception; these acts infringed s18(3) and s18(4) TMO and constituted passing off; the 2nd defendant, as sole director and shareholder and by procuring or participating in a common design, is jointly and severally liable with the 1st defendant; no arguable defence was shown and summary judgment was appropriate.
28 Jul 2011

YOKVIEW CO LTD v. LO YING KIT HENRY t/a AGT AND OTHERS

Citation

YOKVIEW CO LTD v. LO YING KIT HENRY t/a AGT AND OTHERS
Court

District Court
Case number

DCCJ5136/2009

On the balance of probabilities the court preferred the plaintiff's evidence: the 3rd defendant sent (or caused to be sent) the defamatory emails from her registered account; the 1st and 3rd defendants were jointly concerned in publication; the emails were defamatory; documentary evidence, connections between parties, credibility assessments and inherent probability supported liability; accordingly the plaintiff was entitled to injunctive relief, compensatory and aggravated/exemplary damages and costs.
28 Apr 2010

GOEI TSUSHO CO LTD v. LEADER ENGINEERING & CONSTRUCTION LTD AND ANOTHER

Citation

GOEI TSUSHO CO LTD v. LEADER ENGINEERING & CONSTRUCTION LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV22/2010

On the facts the second defendant had ostensible authority to bind the first defendant because the first defendant by conduct and representations (letters, shared office and fax details, common staff and business cards) induced the plaintiff to treat the second defendant as acting for it; the parties were jointly liable; and section 5 of the Civil Liability Ordinance applies so that the default judgment against the second defendant did not bar recovery against the first defendant. The appeal was dismissed and the judgment below was affirmed.
8 Jan 2008

HKSAR v. CHAN TO

Citation

HKSAR v. CHAN TO
Court

Court of Appeal
Case number

CACC221/2006

The appeal was dismissed because the court found no material irregularity: trial counsel was not flagrantly incompetent, the absence of a specific direction that the co-defendant's plea was not evidence against the applicant was not prejudicial in the context, and the combination of identification, ballistic linkage and possession evidence rendered the convictions safe.
14 Mar 2007

ELSE PETER GEORGE v. LAU KA LAI AND ANOTHER

Citation

ELSE PETER GEORGE v. LAU KA LAI AND ANOTHER
Court

District Court
Case number

DCCJ1411/2005

The court found on the evidence that the 2nd Defendant's negligent driving solely caused the collision; the 1st Defendant, as registered owner, is vicariously liable for the 2nd Defendant's tort; the Plaintiff is entitled to damages of $259,296.43 (repair costs $250,000 + loss of no claim bonus $8,596.43 + survey fee $700), interest from 7 October 2003 at half‑judgment rate until assessment and at judgment rate thereafter, and costs on a party and party basis to be taxed if not agreed.