Hong Kong Case Law: Decisions & Judgments

Topic

Knowing assistance

Legal area

Court

18 Sept 2023

EXCLUSIVE NETWORKS DEUTSCHLAND GMBH v. WAKOON TRADING (H.K.) LTD AND ANOTHER

Citation

[2023] HKCA 1072
Court

Court of Appeal
Case number

CACV424/2022

The 2nd defendant discharged the burden of showing likely difficulty or expense in enforcing a costs order against the foreign plaintiff; the plaintiff's appeal is reasonably arguable but not so meritorious as to displace the need for security; accordingly security for costs was ordered in the reduced amount of HK$350,000 and the appeal was stayed until payment, with dismissal in default and costs awarded to the 2nd defendant.
7 Mar 2019

CHEER SKY LTD v. CHAN YUET SHEUNG

Citation

[2019] HKCFI 606
Court

Court of First Instance
Case number

HCA939/2014

On construction of the provisional agreement against the factual matrix (parties knew of the unauthorised Structures) the contract was for the Property including the Structures with the purchaser assuming the risk of any defect arising from them; Cheer Sky knew of and effectively accepted that risk (waiver), so the vendor had discharged her obligation to show and give title to the property she contracted to sell; Cheer Sky repudiated by attempting to force a substantial price reduction and is not entitled to specific performance or damages; the provisional agreement was rescinded and related…
21 Feb 2018

TIGER RESORT ASIA LTD v. KAZUO OKADA AND OTHERS

Citation

[2018] HKCFI 394
Court

Court of First Instance
Case number

HCA3017/2017

The court granted a 28-day extension to file the affirmation because fairness required that the 2nd defendant have the benefit of the outcome of the s.21 inspection application and access to any banker's records which, if ordered, the plaintiff agreed to show and which would in any event be discoverable; therefore the extension was necessary to permit proper preparation of the affirmation.
13 Apr 2017

ZHANG HONG LI AND OTHERS v. DBS BANK (HONG KONG) LTD AND OTHERS

Citation

ZHANG HONG LI AND OTHERS v. DBS BANK (HONG KONG) LTD AND OTHERS
Court

Court of First Instance
Case number

HCCL2/2011

DBS Trustee and DHJ Management breached their supervisory/trustee or director duties by approving (i) substantial AUD purchases in the extremely adverse market conditions in late July–early August 2008 and (ii) purchases of decumulators that were inappropriate hedges and exposed the trust/underlying company to prolonged currency lock‑up; those failures amounted to gross negligence (serious or flagrant negligence) warranting equitable restitution/compensation and specific monetary orders directed at restoration of the trust/underlying company assets. Other claims against DBS Bank, DBS:PB, DBS…
15 Dec 2015

THE JOINT & SEVERAL LIQUIDATORS OF CHINA MEDICAL TECHNOLOGIES, INC. v. THE BANK OF CHINA (HONG KONG) LTD AND OTHERS

Citation

THE JOINT & SEVERAL LIQUIDATORS OF CHINA MEDICAL TECHNOLOGIES, INC. v. THE BANK OF CHINA (HONG KONG) LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW435/2012

Most of the categories of documents sought did not satisfy the statutory test of 'relating to the company' under s221(3); the liquidators already had sufficient information from earlier bank productions to decide whether to pursue claims, and ordering the banks' staff to undergo oral examination on compliance and internal procedures would be oppressive and give the liquidators an undue litigation advantage; accordingly only limited document production (the narrow category that does relate to the company) and interrogatories were ordered, oral examinations were refused, and costs ordered nisi…
19 Sept 2013

CHONG HING BANK LTD v. LAU AND CHENG INVESTMENT LTD AND ANOTHER

Citation

CHONG HING BANK LTD v. LAU AND CHENG INVESTMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP1574/2009

Judge held the proposed amendments (including unjust enrichment paragraphs) were necessary to determine the real question in controversy and were not bound to fail on their face; Rule 8(1A) does not impose an additional 'exceptional circumstances' threshold and leave to amend should be granted before trial unless the new claim plainly fails; accordingly leave to amend was granted and consequential directions and costs order nisi were made.
25 Aug 2010

MA NAM v. PEACEFUL CONSULTANTS LTD AND ANOTHER

Citation

MA NAM v. PEACEFUL CONSULTANTS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2305/2008

Court accepted defendants' evidence that the HK$3,000,000 was a loan and the property was transferred to the 1st defendant as security, rejected the plaintiff's trust claim and claim against the 2nd defendant for knowing assistance, and ordered interest at bank best lending rate plus 2% from end of initial three-month period to 11 June 2008, with parties to calculate the sum and liberty to apply to ascertain interest.
23 Nov 2006

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. DOMINE KO CHEONG WING AND ANOTHER

Citation

AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. DOMINE KO CHEONG WING AND ANOTHER
Court

Court of First Instance
Case number

HCCL20/2005

Leave to file and serve the replacement Amended Points of Claim was granted because the limitation and pleading objections were not such plain and obvious defects as to justify refusal; the court exercised its discretion under procedural rules to permit repleading and determined that issues of limitation, concealment and fraud particulars required trial (or a preliminary issue) rather than summary disposal; settlement with the principal wrongdoer did not extinguish separate liability of the alleged secondary tortfeasor.
18 Jul 2005

BANK OF CHINA v. KWONG WA PO AND OTHERS

Citation

BANK OF CHINA v. KWONG WA PO AND OTHERS
Court

Court of First Instance
Case number

HCA5291/2001

Court found on balance of probabilities that Xu, Yu and Hui misappropriated plaintiff's funds through fictitious loans and channeled them to Ever Joint; Ever Joint's receipts and derivatives are traceable to plaintiff; given close relationships, pattern and suspicious transfers, first defendant ought to have known funds were misappropriated and is liable for knowing receipt and for knowing assistance in laundering specified sums; second and third defendants, having handled and concealed large sums in suspicious circumstances and having participated in transactions while on notice/blind-eye, a…
27 Apr 2005

TIN KWONG INTERNATIONAL ENTERPRISE CO LTD AND OTHERS v. SAN TUNG AND ANOTHER

Citation

TIN KWONG INTERNATIONAL ENTERPRISE CO LTD AND OTHERS v. SAN TUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA7165/2000

On the balance of probabilities the documentary evidence (including the 1st defendant's own summary and PRC bank transfer applications) established that the Sums were beneficially owned by the plaintiffs; the 1st defendant received and held the Sums as trustee and breached his fiduciary duties in making the identified payments; the 2nd defendant knowingly assisted in certain breaches and is liable as constructive trustee for specified payments; accordingly judgment was entered for the plaintiffs for the identified sums with interest and costs.