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Hong Kong decisions
Decisions matching the current search
High Court refused leave to appeal from a Small Claims Tribunal decision involving alleged misrepresentation by a domestic helper agency and no proven error of law.
The court dismissed Zhu Bei’s claim for refund arising from a CIES-related bond investment, holding the defendants did not breach duties or make actionable misrepresentations.
The Court of First Instance dismissed New Delta’s appeal and upheld a stay in favour of Shanghai, holding that the exclusive jurisdiction clause was broad and enforceable.
The District Court dismissed an investor’s claim against a precious metals platform, finding no authority for the agents’ conduct, no implied terms or fiduciary duties, and no Quincecare breach.
The court upheld a money lender’s securities for an HK$18 million loan, rejecting defences of undue influence, misrepresentation, non-disclosure, and Money Lenders Ordinance breaches.
The Court granted the bank’s mortgage enforcement summons, rejected misrepresentation, mistake and good faith defences, and dismissed the borrowers’ consolidation/stay application.
The Court granted the Bank’s mortgage enforcement claim, dismissed the mortgagors’ stay and consolidation summons, and rejected defences based on misrepresentation, mistake, bad faith, and the prevention principle.
The court held there was no actionable misrepresentation or rectification, no quiet enjoyment breach by the landlords, and the tenants repudiated the lease.
The Court refused leave because the proposed appeal raised only issues of a personal nature and not matters of wide public importance under Cap 484 s22(1)(b), there were no other reasons to justify a CFA appeal, the applicant failed to provide an adequate explanation for delay and the asserted grounds (delay by respondent's counsel, judge's failure to remind of time limit, solicitor misconduct) had been considered and rejected; the application had no real prospect of success.
Source excerpt
The court dismissed a late appeal and a summons for retrospective evidence, finding no arguable undue influence or misrepresentation against a mortgage surety.
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