Hong Kong Case Law: Decisions & Judgments

Topic

Limitation (limitation ordinance)

Legal area

Court

11 Aug 2025

CHEUNG WAI KIE EDWIN AND ANOTHER v. CHEUNG WAI SUM AND ANOTHER

Citation

[2025] HKCFI 3547
Court

Court of First Instance
Case number

HCA20/2024

The defendants failed to show a plain and obvious case to strike out the Statement of Claim; the Registrar’s debarment was a case management sanction not governed by O.2 r.5, and the plaintiffs’ lack of current representation does not make the proceedings an incurable nullity because a representation order under O.15 r.15 could cure the procedural defect; limitation issues are not plain and obvious at interlocutory stage and require factual resolution.
1 Aug 2025

TSEN YUN LEI v. LO KIN FUNG

Citation

[2025] HKCFI 3398
Court

Court of First Instance
Case number

HCCW121/2013

Court found on the balance of probabilities that (1) a 4‑Families oral agreement existed restricting disposal of the Imagi shares without unanimous consent; (2) Francis Kao as de jure and de facto director fraudulently breached fiduciary duties by disposing of Sunni’s Imagi shares and misapplying proceeds and is liable to equitable compensation and conspiracy damages; (3) Michael Kao, although not a co‑conspirator in the full disposal, was the authorised signatory who authorised disposal of 99m Imagi shares and co‑signed cheques and was recklessly indifferent such that he committed fraudulent…
29 Jun 2012

CENTURY STAR LTD v. KENFORD ENTERPRISES LTD

Citation

CENTURY STAR LTD v. KENFORD ENTERPRISES LTD
Court

District Court
Case number

DCCJ4631/2009

The DMC construed purposively shows the shop front façade and shop front are distinct from the outer/external walls reserved to the developer; the unauthorised signboards were located within the shop front/exterior of the shops not the plaintiff's external walls; plaintiff's claim based on unauthorised erection on external walls fails and is dismissed; defendants' counterclaims for declarations based on adverse possession/limitation fail (adverse possession cannot be founded on occupation of a wall surface) and the counterclaim is dismissed; costs ordered nisi in favour of defendant.
12 Apr 2012

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS

Citation

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCCL17/2009

The Court found the alleged Takeover Arrangement to be fabricated; Hu retained beneficial control of the PCHL group and assets and used nominees (Top Selection, Willi, All Dragon, Blinco BVI, Patagonia, Corporate Defendants) to conceal ownership; accordingly the corporate defendants and Top Selection hold the shares and underlying assets on constructive trust for PEWC, transfers and accounts were ordered, Willi is treated as Hu's nominee (not bona fide purchaser), and Limitation Ordinance ss.20/26 do not bar PEWC's equitable claims relating to fraud and recovery of trust property.
29 Aug 2008

THE NEW CHINA HONG KONG GROUP LTD (IN CREDITORS\' VOLUNTARY LIQUIDATION) AND OTHERS v. ERNST & YOUNG (A Firm) AND ANOTHER

Citation

THE NEW CHINA HONG KONG GROUP LTD (IN CREDITORS\' VOLUNTARY LIQUIDATION) AND OTHERS v. ERNST & YOUNG (A Firm) AND ANOTHER
Court

Court of First Instance
Case number

HCCL41/2004

On the pleaded facts and evidence the essential facts underpinning the plaintiffs' negligence and contract claims were or should have been known to the companies (via Executive/Credit Committees and key officers) before the relevant limitation cut-offs; s.31 and s.26 were not engaged on any arguable basis; equitable claims correspond to common law claims and are subject to limitation by analogy; accordingly most claims are plainly time-barred and were struck out, save only the audit fees claim against E&Y and the Payment-Outs claim against Wu which were not plainly statute-barred.

Hong Kong Case Law

CHEUNG WAI KIE EDWIN AND ANOTHER v. CHEUNG WAI SUM AND ANOTHER

TSEN YUN LEI v. LO KIN FUNG

CENTURY STAR LTD v. KENFORD ENTERPRISES LTD

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS

THE NEW CHINA HONG KONG GROUP LTD (IN CREDITORS\' VOLUNTARY LIQUIDATION) AND OTHERS v. ERNST & YOUNG (A Firm) AND ANOTHER