Hong Kong Case Law: Decisions & Judgments

Topic

Negligence (duty of care)

Legal area

Court

22 May 2007

BANHART CO LTD v. BANK OF CHINA (HONG KONG) LTD

Citation

BANHART CO LTD v. BANK OF CHINA (HONG KONG) LTD
Court

Court of First Instance
Case number

HCA2655/2004

The court dismissed the defendant's appeal and upheld the Master's order: it was not plain and obvious that the plaintiff's claims would fail; the implication of a term that the bank exercise skill and care was arguable on the factual matrix; the issues as to the legal effect of the premature demand, the validity of the receivers' appointment, limitation and estoppel raise triable issues and therefore the claim should not be struck out at this interlocutory stage; consolidation and limited strike out by Master were appropriate; costs nisi awarded to the plaintiff on the appeal.
24 Apr 2002

HUNG TUNG SHING AND ANOTHER v. THE INCORPORATED OWNERS OF KWONG SANG HONG BUILDING BLOCK B AND ANOTHER

Citation

HUNG TUNG SHING AND ANOTHER v. THE INCORPORATED OWNERS OF KWONG SANG HONG BUILDING BLOCK B AND ANOTHER
Court

District Court
Case number

DCCJ3013/2001

The 2nd Defendant was negligent for failing to provide waterproof sealing as required (Reg 36(2)), and the 1st Defendant, as manager of the common parts, was negligent in failing to remedy the defect after notice; the court dismissed the claim for injunction for lack of jurisdiction/evidence on rateable value and for failure to join other affected owners; damages of HKD 20,000 were awarded to the Plaintiffs against both defendants jointly and severally, interest was ordered, the 1st Defendant's indemnity claim against the 2nd Defendant was dismissed, and costs were assessed against the 2nd De…

Hong Kong Case Law

BANHART CO LTD v. BANK OF CHINA (HONG KONG) LTD

HUNG TUNG SHING AND ANOTHER v. THE INCORPORATED OWNERS OF KWONG SANG HONG BUILDING BLOCK B AND ANOTHER