Hong Kong Case Law: Decisions & Judgments

Topic

Particularity in pleading fraud

Legal area

Court

29 Aug 2025

CHRISTINE RUTH ONG CHAI HOON AND OTHERS v. LAM KIN CHUNG AND OTHERS

Citation

[2025] HKCFI 3857
Court

Court of First Instance
Case number

HCA1793/2012

Plaintiffs failed to prove the pleaded fraudulent misrepresentations against KC Lam, eBiz or Tommy Lai. Key contemporaneous documents and communications undermined plaintiffs' allegations, plaintiffs made inconsistent and retrospectively constructed assertions, the critical working-capital allegation was not pleaded and could not be run at trial, and plaintiffs failed to prove attribution of key documents to KC Lam; accordingly the claims are dismissed and defendants entitled to costs on indemnity basis.
20 Jan 2020

TOP POINT LTD v. K&L GATES (A FIRM OF SOLICITORS)

Citation

[2020] HKCFI 234
Court

Court of First Instance
Case number

HCA1088/2011

The impugned phrases were struck out because, as pleaded, they could be read as relying on mere constructive knowledge or negligence to establish the subjective dishonest intention necessary for claims of sham and conspiracy; where fraud is central, allegations must be pleaded with particularity to show actual or blind‑eye knowledge rather than mere negligence. The firm was granted general leave to amend the pleaded paragraphs to particularize that it relies on actual or blind‑eye knowledge (not mere carelessness) within 21 days.
26 Jan 2011

LIANG JUN XIAN v. TSUI HIN CHI

Citation

LIANG JUN XIAN v. TSUI HIN CHI
Court

Court of First Instance
Case number

HCA2288/2007

The appeal to join Mok as a second defendant was dismissed because the plaintiff failed to plead any overt act by Mok from which an agreement to conspire or fraudulent participation could be inferred, and the acts pleaded were as consistent with innocence as with guilt; consequently paragraphs relating to Mok were disallowed. The amendment to the plaintiff's pleaded English ability was allowed because amendments should be permitted to ensure justice where no irremediable prejudice arises and the statement of truth regime does not preclude such amendments.
4 Jul 2006

LIU CHUNG FAI AND ANOTHER v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER

Citation

LIU CHUNG FAI AND ANOTHER v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4610/2003

The court held that, on the pleaded facts, once the Consent to Assign issued the plaintiffs were called to complete and failed to do so; the implied-term and misrepresentation pleadings were vague, unnecessary or mere opinions and therefore unarguable; allegations of fraud lacked required particularity; title and notice arguments were untenable on the Consent Scheme; accordingly the plaintiffs' claims and defences were plainly unsustainable and were struck out and proposed amendments (except those relating to the 2nd defendant) were dismissed.
4 Jun 1982

MARQUIS TRADING CO (a firm) AND OTHERS v. ASSOCIATED BANKERS INSURANCE CO LTD AND OTHERS

Citation

MARQUIS TRADING CO (a firm) AND OTHERS v. ASSOCIATED BANKERS INSURANCE CO LTD AND OTHERS
Court

Court of Appeal
Case number

CACV56/1982

The Court held that the re-amendment to plead fraud and conspiracy was wrongly allowed because the proposed re-amended Points of Defence lacked the requisite particularity required for allegations of fraud; consequently the re-amendment was disallowed. The Court upheld the striking out of inadequate particulars in paragraph 7 of the original Points of Defence. Separately, the Court held that an order for ship's papers was within the Judge's discretion and properly made on the affidavits disclosing reasonable grounds to suspect fraud and therefore confirmed that order.

Hong Kong Case Law

CHRISTINE RUTH ONG CHAI HOON AND OTHERS v. LAM KIN CHUNG AND OTHERS

TOP POINT LTD v. K&L GATES (A FIRM OF SOLICITORS)

LIANG JUN XIAN v. TSUI HIN CHI

LIU CHUNG FAI AND ANOTHER v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER

MARQUIS TRADING CO (a firm) AND OTHERS v. ASSOCIATED BANKERS INSURANCE CO LTD AND OTHERS