Hong Kong Case Law: Decisions & Judgments

Topic

Lien

Legal area

Court

21 Jan 2025

WAN MING SUN v. WONG HOI KWAN AND ANOTHER

Citation

[2025] HKCFI 394
Court

Court of First Instance
Case number

HCMP1408/2023

Clause 5 was a condition and, being time‑bound under Clause 20, defendants repudiated the PASP by failing to deliver company documents; plaintiff validly accepted the repudiation on 8 May 2023; Clause 16(b) is not a penalty and is enforceable; plaintiff is entitled to return of deposits, liquidated damages equal to the deposits and a lien on the company shares; costs follow the event.
2 Jan 2025

SUCCESS LANE DEVELOPMENT LTD v. FERGURSON HONG KONG LTD t/a NEW WORLD MILLENNIUM HONG KONG HOTEL

Citation

[2025] HKDC 17
Court

District Court
Case number

DCCJ2191/2023

Summons dismissed: time to serve was not abridged because urgency was self-induced; on merits the alleged illegality was neither pleaded with necessary considerations under Monat nor of sufficient gravity to render the long-stay agreement unenforceable (would be overkill), so no stay of execution; director Ms Yung joined for potential personal costs and directed to file evidence and attend a substantive costs hearing.
15 Oct 2024

SUCCESS LANE DEVELOPMENT LTD v. FERGURSON HONG KONG LTD trading as NEW WORLD MILLENIUM HONG KONG HOTEL

Citation

[2024] HKCA 926
Court

Court of Appeal
Case number

CAMP154/2024

Leave to appeal was refused because the draft notice was prolix and non‑compliant with Practice Direction 4.1 and, on the merits, the grounds that could be discerned had no reasonable prospect of success: the statement of costs was not late or not a proper basis to set aside, variation applications were improperly made or out of time, and the summary assessments and indemnity costs were within the judge’s broad discretion and not plainly wrong. Consequently the applications for leave were dismissed and costs orders nisi for indemnity costs to be summarily assessed were made.
30 Aug 2024

SUCCESS LANE DEVELOPMENT LTD v. FERGURSON HONG KONG LTD trading as NEW WORLD MILLENIUM HONG KONG HOTEL

Citation

[2024] HKCA 839
Court

Court of Appeal
Case number

CAMP121/2024

Leave to appeal refused in all four applications because the intended appeals had no reasonable prospect of success: plaintiff abused ex parte procedure and made material non-disclosures and misleading statements; there was no urgency or material change to justify injunctions which would extinguish defendant's lien and statutory rights; the lower courts' case management decisions on adjournment, re-amendment, discovery and expert directions were within the permissible discretion and not plainly wrong; consequently refusals of leave and related orders were upheld and costs awarded on an indemn…
30 Aug 2024

SUCCESS LANE DEVELOPMENT LTD v. FERGURSON HONG KONG LTD trading as NEW WORLD MILLENIUM HONG KONG HOTEL

Citation

[2024] HKCA 839
Court

Court of Appeal
Case number

CAMP102/2024

Leave to appeal in all four applications refused because the intended appeals had no reasonable prospect of success: plaintiff repeatedly misused ex parte procedure and engaged in material non-disclosure and abusive conduct; first-instance judges and masters exercised permissible discretion on merits, urgency, adequacy of damages, balance of convenience, discovery and expert directions; case management and refusal to adjourn were within range of reasonable disagreement; consequently leave is denied and costs ordered on indemnity basis with procedure for summary assessment.
13 Jan 2023

NKOK, INC v. MAYLOK TOYS INDUSTRIES CO LTD AND ANOTHER

Citation

[2023] HKDC 7
Court

District Court
Case number

DCCJ2010/2019

On the balance of probabilities P was the true owner of the Toy Molds because P initiated and controlled procurement, approved designs, and paid tooling costs; D1 acted as agent (reimbursement acknowledged and agent duties performed) and repeatedly accepted/preserved purchase orders expressly acknowledging P ownership; D1 failed to prove any express exclusivity or implied term giving it exclusive possession and in any event accepted P's repudiation; D1's possession of the 80-Series Molds was wrongful for purposes of conversion/detinue and could not found a particular or general lien absent la…
7 Jun 2022

CHAU SO MAN SUE v. CHOW WAI FONG ALICE

Citation

[2022] HKDC 541
Court

District Court
Case number

DCCJ5648/2018

The sanctioned offer of 26 March 2019 complied with Order 22; the plaintiff achieved a better outcome (recovery of HK$200,000 versus offered HK$198,000), and because the plaintiff abandoned a lien claim for legitimate tactical reasons and the defendant's refusal was unreasonable given strong legal authority, the plaintiff is entitled to enhanced interest and indemnity costs; enhanced interest was fixed at 5% above judgment rate and indemnity costs from 24 April 2019 until full payment; certificate for counsel allowed.
11 May 2022

NONFERROUS METALS PROCESSING (HONG KONG) CO LTD v. WAH KEUNG METAL ENGINEERING LTD

Citation

[2022] HKDC 123
Court

District Court
Case number

DCCJ6123/2020

The court found on the evidence that the parties agreed rent would commence 15 June 2018 and the HK$240,000 paid was advance payment of two months' rent; there were no arrears on 2 August 2018; the defendant therefore had no right of lien and wrongfully detained the plaintiff's machines (conversion) until 27 August; consequentially plaintiff's claims for deliver-up and conversion succeed (damages nominal) and all parts of the defendant's counterclaim fail.
28 Feb 2022

SINO PARKING SERVICES LTD v. WHARTON CULTURE & MEDIA (HONG KONG) CO LTD

Citation

[2022] HKDC 186
Court

District Court
Case number

DCCJ4701/2021

Because the defendant defaulted and the statement of claim on its face pleaded facts establishing the plaintiff's contractual lien, transfer-on-default and power to sell under the Conditions of Parking and showed a genuine need for immediate declaratory relief, the court exercised its discretion under O.19 r.7 to grant the declarations and monetary judgment on the pleadings, awarding arrears and interest and ordering costs assessed summarily.
16 Aug 2021

DRAGON ACCESS HOLDINGS LTD v. ESTATE GENERATION GROUP LTD AND OTHERS

Citation

[2021] HKCFI 2360
Court

Court of First Instance
Case number

HCA731/2021

The injunction was granted because the Plaintiff demonstrated a good arguable case supported by an earlier judgment declaring a lien and judgment debt, the proceeds were assets within the court's jurisdiction, there was a real risk of dissipation given the 1st Defendant's conduct, and the balance of convenience favoured preservation of the proceeds pending substantive resolution.