Hong Kong Case Law: Decisions & Judgments

Topic

Loss of chance

Legal area

Court

2 Apr 2025

CHEUNG TO YING, mother and next friend of LO SUM MAN (a minor) v. THE KARATEDO FEDERATION OF HONG KONG, CHINA LTD

Citation

[2025] HKCFI 1345
Court

Court of First Instance
Case number

HCA987/2019

The Policy, although validly passed procedurally by the Coaching Committee (and reported to the General Committee), was ultra vires the Federation's object, irrational and capricious in operation, breached an implied term of the Articles (not to act unreasonably or arbitrarily), and contravened public policy and natural justice in its enforcement; accordingly the Policy is void and the Federation is liable to pay declared damages to the three plaintiffs, with costs to the Federation.
11 Dec 2024

TAM LI KAM WAH AGNES v. WONG PUI HANG WILLIAM AND ANOTHER

Citation

[2024] HKCFI 3580
Court

Court of First Instance
Case number

HCPI117/2017

The court found on the evidence that the parents were dependants, that the deceased would have been promoted to FO by 2016, SFO by end 2019 and Captain by mid‑2023, accepted the pleaded regular monthly contribution of HK$12,500 (net parental support HK$7,526 per month) and applied multipliers and life tables to calculate past and future dependency, calculated loss of accumulation of wealth by projecting post‑death earnings, applying an assumed accumulation rate based on historical saving pattern and applying a 2.5% real discount for accelerated receipt to reach a net award; total damages afte…
16 Aug 2024

GREEN LIGHT MULTIPLEX CO. LTD (formerly known as GREEN LIGHT MARKETING CO. LTD and GLM INTERNATIONAL LTD) v. LAM SHI YAN

Citation

[2024] HKCFI 2101
Court

Court of First Instance
Case number

HCA2294/2017

The 1st defendant, as General Manager, owed fiduciary and implied contractual duties; he breached those duties by actively procuring Abacus to treat Pinetum as its exclusive distributor and by diverting a mature business opportunity (P533) to Automatic Limited, thereby causing provable loss to the plaintiff in the Univision, HKZM Bridge and P533 matters. Other claims (Discovery Park, Consignment Arrangement, portions of Happy Valley) were not sufficiently proved. The Employment Agreement ended on 7 November 2014; the plaintiff’s claim succeeds in part and the 1st defendant’s counterclaim succ…
6 Apr 2023

WONG YU CHO, ROLLY AND ANOTHER v. ART STATEMENTS LTD AND OTHERS

Citation

[2023] HKDC 462
Court

District Court
Case number

DCCJ1224/2018

The court preferred the Relevant Defendants' factual witnesses and expert evidence, found plaintiffs' evidence inconsistent and uncorroborated, rejected existence of the alleged buyer and the asserted loss of chance, found no credible basis that 28 thangkas were delivered (accepting defendants' account that 23/24 existed), held the 2nd defendant was not personally liable beyond his role as officer/agent, dismissed the plaintiffs' claims and the 1st defendant's counterclaim (because the consignment expressly allocated responsibility for expenditures and the counterclaim failed to prove wasted…
22 Apr 2020

INSPIRING INVESTMENTS LTD v. CHUN HU HING AND ANOTHER

Citation

[2020] HKCA 209
Court

Court of Appeal
Case number

CACV208/2018

The Court upheld the trial judge's factual findings as not plainly wrong: the 2nd defendant did not agree to the 2nd Obligation and did not sign the Personal Guarantee; the contractual obligations were that both defendants were to use reasonable endeavours to assist sale (1st Obligation) and only the 1st defendant assumed the 2nd Obligation to purchase; no basis existed to award HK$6,666,500 against the 2nd defendant and the appeal was dismissed.
3 Dec 2019

LEUNG YIU MING v. WONG CHI WA

Citation

[2019] HKCFI 2935
Court

Court of First Instance
Case number

HCPI289/2016

Court accepted neuropsychological assessment and medical expert opinions that plaintiff sustained lasting cognitive deficits, found plaintiff proved a significant chance (assessed at one third) of being dismissed post-litigation, rejected resignation basis as not pleaded and inconsistent with plaintiff's evidence, and awarded future loss of earnings and MPF and future loss of diligent award and related MPF using adopted multipliers and figures resulting in total judgment for plaintiff of HKD 2,003,300 (net) with specified interest and costs order nisi.
2 Oct 2015

YANG DANDAN v. HONG KONG RESORT CO LTD

Citation

YANG DANDAN v. HONG KONG RESORT CO LTD
Court

Court of First Instance
Case number

HCA1787/2010

No actionable misrepresentation found: the brochure's Amalfi description was non‑actionable planning information accompanied by clear disclaimers and could not reasonably be relied upon as present fact; the alleged oral representations were not proved and claimant's evidence was unreliable; alternatively, express contractual clauses would estop reliance on prior representations; claimant also failed to prove a non‑speculative loss of a chance to acquire an alternative property. Accordingly the claim under the Misrepresentation Ordinance is dismissed.
3 Nov 2014

NG CHIU MUI AND ANOTHER v. ROBERTSONS (a firm of Solicitors)

Citation

NG CHIU MUI AND ANOTHER v. ROBERTSONS (a firm of Solicitors)
Court

Court of First Instance
Case number

HCA1166/2010

Judge found plaintiffs' evidence not credible, concluded Robertsons met the standard of a reasonably competent solicitor in their tactical decisions (including reliance on counsel and advising strategy), found no breach of duty and in any event no causation of the claimed loss of chance, and dismissed the plaintiffs' action with costs.
5 Feb 2014

MGA ENTERTAINMENT INC formerly known as ABC INTERNATIONAL TRADERS INC doing business as MGA ENTERTAINMENT v. TOYS & TRENDS (HONG KONG) LTD AND OTHERS

Citation

MGA ENTERTAINMENT INC formerly known as ABC INTERNATIONAL TRADERS INC doing business as MGA ENTERTAINMENT v. TOYS & TRENDS (HONG KONG) LTD AND OTHERS
Court

Court of Final Appeal
Case number

FACV6/2013

The Court allowed the appeal on the damages assessment: the trial judge erred in accepting uncritically the defendants' expert projections (Mr Poole) and a ten-year loss period based on management estimates and unsuitable comparators; some loss was caused by the injunction but the proper compensatory award on the evidence before the court is US$450,000 with interest at 1% above prime; directions given for costs submissions.
12 Apr 2013

HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD

Citation

HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD
Court

Court of Final Appeal
Case number

FAMV1/2013

The plaintiff's application for leave to appeal was dismissed because the claimed sum was a personal disgorgement claim not a proprietary right under s22(1)(a); the Court will not undertake factual findings that the Court of Appeal found lacking and ordered a retrial; the defendant was granted an extension of time limited to one reasonably arguable legal question (on loss of chance and subsequent events) to preserve appeal rights until after the retrial, the first formulated question being not reasonably arguable.