Hong Kong Case Law: Decisions & Judgments

Topic

Partnership by holding out

Legal area

Court

31 Jan 2011

DELEEUW FLOWERBULB GROUP B.V v. LEUNG ON t/a ON WAH GRADEN AND ANOTHER

Citation

DELEEUW FLOWERBULB GROUP B.V v. LEUNG ON t/a ON WAH GRADEN AND ANOTHER
Court

Court of First Instance
Case number

HCA1437/2008

On the evidence and correspondence the defendant Leung Ah Choy (D2) held himself out as a partner of On Wah Garden and is therefore liable under s16 Partnership Ordinance; the counterclaim failed because there was no concluded agreement to supply to To & Ching Garden and no payment or other reliance to establish a contract.
15 Aug 2006

CHEONG SHING LTD v. YU KWAN

Citation

CHEONG SHING LTD v. YU KWAN
Court

Court of First Instance
Case number

HCA12021/1998

The court found on the balance of probabilities that the HK$38.76 million was advanced and received by D5 for the use of Mr Lo and Mr Kong (acting together) as a loan rather than as a concluded oral joint venture; KY001 and KY002 are insufficiently certain and in parts sham so their specific repayment/interest terms are not proved or enforced; plaintiffs are entitled to restitution of HK$28,260,000 (being the advance less prior repayments) with interest at 5% from 17 May 2001; Dr Lee was not proven to be a partner and counterclaims are dismissed.
15 Aug 2006

西安民生集團股份有限公司 AND ANOTHER v. LO KAM WING AND OTHERS

Citation

西安民生集團股份有限公司 AND ANOTHER v. LO KAM WING AND OTHERS
Court

Court of First Instance
Case number

HCA2183/2001

Defendants failed to prove on the balance of probabilities that the payment was part of an oral joint venture; the plaintiffs proved an advance of HK$38.76 million was made to D5 as a loan but the precise contractual terms in KY001 and KY002 were not proved and are unreliable; therefore plaintiffs are entitled to restitution of HK$28,260,000 with interest; counterclaims dismissed and specified defendants held liable.
9 Jul 1997

LEUNG SHIU CHONG TOMMY (t/a MAY\'S GARMENT FACTORY) v. WU KAM SING AND ANOTHER

Citation

LEUNG SHIU CHONG TOMMY (t/a MAY\'S GARMENT FACTORY) v. WU KAM SING AND ANOTHER
Court

Court of First Instance
Case number

HCCA22/1997

The trial judge's factual findings that the loans were personal to the appellants or, alternatively, that the appellants held themselves out as partners of the factory were supported by evidence (course of dealing, family connection, availability of blank factory cheques, ownership and saleability of premises) and therefore the appellate court will not overturn the judgment; accordingly the judgment for the respondent for the balance of $313,400 was affirmed and the appeal dismissed.

Hong Kong Case Law

DELEEUW FLOWERBULB GROUP B.V v. LEUNG ON t/a ON WAH GRADEN AND ANOTHER

CHEONG SHING LTD v. YU KWAN

西安民生集團股份有限公司 AND ANOTHER v. LO KAM WING AND OTHERS

LEUNG SHIU CHONG TOMMY (t/a MAY\'S GARMENT FACTORY) v. WU KAM SING AND ANOTHER