Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Limitation defense

  • 15 Jun 2017

    EAA SECURITIES LTD v. SO TAI FAI AND ANOTHER

    Citation
    EAA SECURITIES LTD v. SO TAI FAI AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA2520/2009

    EAA's primary contractual claim for the margin debit is dismissed because the bulk of trading was found to be unauthorized and EAA cannot rely on deemed authorization where its employee knew trades were unauthorized; EAA's alternative claims for return of Cheque Proceeds against Anita and Henry fail (Henry lacked requisite knowledge for knowing receipt and EAA failed to prove loss attributable to Anita that EAA can recover without accounting for commission); Henry's counterclaim succeeds for loss of the portfolio measured at the date of breach (August 2000) in the sum of HKD 3,286,511, with i…

  • 6 Oct 1999

    TOO CHUNG TIP AND ANOTHER v. TO SHING LAM

    Citation
    TOO CHUNG TIP AND ANOTHER v. TO SHING LAM
    Court
    Court of First Instance
    Case number
    HCMP253/1997

    Given undisputed evidence that the Tso had used and occupied the land since the 1970s without demand or disturbance from the mortgagee, the absence of the defendant and substituted service, and authority in Fung Kam Cheung v. Kwok Yiu Wing, the mortgage endorsed on the Block Crown Lease is incapable of subsistence or is otherwise unenforceable by operation of the Limitation Ordinance.