Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Legal charges

  • 24 Sept 2020

    KWOK WAI PAN v. CHAN TUNG YEUNG ANDREW AND OTHERS

    Citation
    [2020] HKCFI 2432
    Court
    Court of First Instance
    Case number
    HCA1790/2018

    Summary judgment in both actions was dismissed because the plaintiffs failed to present a sufficiently clear and supported pleaded case: the pleaded causes of action were ambiguous or inconsistent with the executed documents (notably the Supplemental Deed which appears to novate debt away from the individual), significant contemporaneous evidence was absent or unexplained (notably allocation of large cheques drawn on a solicitor's client account), and genuine triable issues existed requiring a trial; accordingly summary procedure was inappropriate and costs were awarded to the defendants.

  • 13 Oct 2017

    KP FINANCIAL SERVICES LTD v. LI KA MAN AND OTHERS

    Citation
    KP FINANCIAL SERVICES LTD v. LI KA MAN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1922/2015

    The court refused to order exchange of formal pleadings between KPFS and AH&Co because Order 16 r1(1)(c) allows joinder to have specified issues determined binding on a third party without a present claim against it, the issues in the notices were sufficiently defined (subject to possible refinement), and succinct statements or an agreed statement of issues are an appropriate alternative to full pleadings at this interlocutory stage.

  • 8 Dec 2016

    ON SKY ENTERPRISE (HK) LTD v. LANCO INTERNATIONAL HOLDINGS LTD AND OTHERS

    Citation
    ON SKY ENTERPRISE (HK) LTD v. LANCO INTERNATIONAL HOLDINGS LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA529/2010

    On the evidence the court found no undue influence by Chan and no misrepresentations by Ho or Chan; contemporaneous attendance notes and written confirmations established informed consent; contractual default interest at 24% p.a. was enforceable until judgment (post-judgment interest to be at judgment rate); plaintiff entitled to judgment for the loan principals with interest, possession of charged properties, indemnity rights of sureties against Lanco and rights of contribution among guarantors; late-raised penalty argument disallowed.

  • 14 Oct 2016

    FU TAT CREDIT LTD v. LAU YUNG TAI AND ANOTHER

    Citation
    FU TAT CREDIT LTD v. LAU YUNG TAI AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1759/2012

    The defendants raised arguable defences of undue influence and that the Plaintiff's loans were part of a sham to cloak earlier potentially illegal loans; given the close relationship among the companies, gaps in disclosure and identified irregularities, the Master’s default judgments were set aside and leave granted to the defendants to defend so that full discovery, forensic accounting and trial testing of witnesses can determine enforceability and knowledge of illegality. The burden lies on the plaintiff to prove licensing and absence of illegalities.