Hong Kong Case Law: Decisions & Judgments

Topic

Jus tertii

Legal area

Court

2 Oct 2015

WONG CHOW HOI SZE ELSIE v. CROWN WINE CELLARS LTD

Citation

WONG CHOW HOI SZE ELSIE v. CROWN WINE CELLARS LTD
Court

Court of First Instance
Case number

HCA43/2014

Leave to appeal was refused because there were substantial triable factual disputes (ownership, authority, trigger of lien, direct debit authorization, and responsibility for delay) and because the action was premised on an alleged illegal/fraudulent evasion of liability; even if a real prospect of success existed the court would in its discretion refuse leave given those circumstances and the unlikelihood that summary judgment would be reinstated.
7 May 2007

CHAN CHI MING v. BRILLIANT RISE CONTAINER DEPOT LTD t/a 逸昇重櫃場 AND ANOTHER

Citation

CHAN CHI MING v. BRILLIANT RISE CONTAINER DEPOT LTD t/a 逸昇重櫃場 AND ANOTHER
Court

Court of First Instance
Case number

HCA1110/2003

The plaintiff was in possession of the Lands in June 2002 (regular visits, control of structures and items, prompt complaints); the defendants failed to prove any lawful authority for the 2nd defendant or that the 1st defendant acted under the true owner's authority; the 1st defendant participated in and used the Lands as a container depot and is therefore liable in trespass; plaintiff is entitled to declaratory relief, prohibitory and mandatory injunctions, and nominal damages where quantum of loss was not proved.
4 Apr 2005

ASIA ALL PARTS DISTRIBUTOR CORPORATION v. TOM LEE MUSIC CO LTD

Citation

ASIA ALL PARTS DISTRIBUTOR CORPORATION v. TOM LEE MUSIC CO LTD
Court

Court of First Instance
Case number

HCA2379/2004

The application for summary judgment was dismissed because the defendant demonstrated an arguable defence that required trial — specifically an arguable prescriptive easement or lost modern grant to use the plaintiff's exterior wall for anchorings — and challenges to title (jus tertii) and the claimant's adverse possession pleaded against such a trespass claim were either unavailable or insufficient to dispose of the matter on summary judgment; factual issues including the change of anchor points and the pending Buildings Authority appeal required trial determination.
3 Aug 2004

RELIANCE INDUSTRIAL CORPORATION LTD v. HAI SANG LOGISTICS LTD

Citation

RELIANCE INDUSTRIAL CORPORATION LTD v. HAI SANG LOGISTICS LTD
Court

Court of First Instance
Case number

HCA396/2003

The defendant was the plaintiff's bailee as shown by contemporaneous faxes and conduct; no compromise agreement existed; the defendant released the 20 coils to Mr Lam without plaintiff's prior knowledge or authority and cannot invoke jus tertii because it did not act by authority of Mr Lam; the wrongful release constituted conversion and damages are the full value of the goods (US$152,660.40) with interest and costs.
3 Apr 1985

CHOW KUM WING v. LAM WING CHING AND OTHERS

Citation

CHOW KUM WING v. LAM WING CHING AND OTHERS
Court

Court of Appeal
Case number

CACV31/1985

The Court held that the plaintiff had established sufficient possession by physical control and exercise of ordinary rights of ownership to maintain an action in trespass and obtain possession and damages despite absence of registered freehold title or Crown vesting; jus tertii is no defence; therefore the appeal fails and the orders for possession and damages are affirmed.

Hong Kong Case Law

WONG CHOW HOI SZE ELSIE v. CROWN WINE CELLARS LTD

CHAN CHI MING v. BRILLIANT RISE CONTAINER DEPOT LTD t/a 逸昇重櫃場 AND ANOTHER

ASIA ALL PARTS DISTRIBUTOR CORPORATION v. TOM LEE MUSIC CO LTD

RELIANCE INDUSTRIAL CORPORATION LTD v. HAI SANG LOGISTICS LTD

CHOW KUM WING v. LAM WING CHING AND OTHERS