Hong Kong Case Law: Decisions & Judgments

Topic

Pleading of fraud

Legal area

Court

14 Aug 2024

CHU YUNG v. CHAN LOK HIM AND OTHERS

Citation

[2024] HKDC 1344
Court

District Court
Case number

DCMP2981/2024

Plaintiff failed to establish a constructive trust because fraud was not distinctly alleged against the 2nd defendant, there was no evidence of the 2nd defendant's state of knowledge making retention unconscionable, and the tracing exercise failed to identify the Sum as representing the plaintiff's original funds; accordingly summary judgment and the declaratory relief were refused.
11 Nov 2020

SONG CONGYING v. CHENG WAI KIN t/a SHING SHUN FOREIGN CURRENCY EXCHANGE CO

Citation

[2020] HKCFI 2751
Court

Court of First Instance
Case number

HCA1625/2019

The application to amend was refused because the proposed fraud pleadings were equivocal, rolled-up and failed to plead actual knowledge or causation with the required utmost particularity; the application was late given the advanced stage with completed discovery and exchanged witness statements, causing likely prejudice and delay; the Plaintiff provided no supporting affirmation or satisfactory explanation for delay and did not pursue specific discovery; and the proposed collateral challenge to the prior HCSD judgment lacked proportionality and did not present fresh material evidence requir…
2 Dec 2019

DELCO PARTICIPATION B.V. v. HWH HOLDINGS LTD

Citation

[2019] HKCFI 2923
Court

Court of First Instance
Case number

HCA2943/2015

The Court found that Delco's Replies, when read in context, pleaded a scheme amounting to fraud but the particular Requests seeking the 'basis' of averments were seeking evidential material rather than proper particulars; the pleaded particulars were nonetheless sufficient to give defendants fair notice to meet the case and to permit augmentation after discovery, so the appeals against the Master's refusals failed and the Master's costs decision stands (costs to HWH/Fang).
29 Mar 2016

TSE WING TING VENTINA v. NG CHIT CHUNG EDDIE AND OTHERS

Citation

TSE WING TING VENTINA v. NG CHIT CHUNG EDDIE AND OTHERS
Court

District Court
Case number

DCCJ3888/2015

The Statement of Claim disclosed no reasonable cause of action against Ng because the pleaded facts concerning Ng were limited to his status as director/major shareholder and Lions Club positions, and to instructing staff to handle the complaint; no specific allegations of fraud, personal involvement in the alleged trading, vicarious liability, or veil-piercing were pleaded. Therefore the claim against Ng is unsustainable and must be struck out and dismissed; costs ordered to Ng with taxation and certificate for counsel for the appeal.
28 Jan 2014

PACIFIC ELECTRIC WIRE & CABLE COMPANY LTD v. TEXAN MANAGEMENT LTD AND OTHERS

Citation

PACIFIC ELECTRIC WIRE & CABLE COMPANY LTD v. TEXAN MANAGEMENT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV94/2012

Leave to appeal was refused. Top Selection was not entitled to appeal as of right under s22(1)(a) because the immediate effect of the orders below was to transfer nominal shares whose value could not be quantified at or above the statutory threshold without further assessment; the proposed points did not raise questions of great general or public importance and were fact-sensitive or not reasonably arguable. Hu's discretionary application was likewise refused for being fact-sensitive, academic or without merit; the "or otherwise" ground did not establish exceptional circumstances to grant lea…
28 Jan 2014

PACIFIC ELECTRIC WIRE & CABLE COMPANY LTD v. TEXAN MANAGEMENT LTD AND OTHERS

Citation

PACIFIC ELECTRIC WIRE & CABLE COMPANY LTD v. TEXAN MANAGEMENT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV95/2012

Leave to appeal was refused. The second limb of s22(1)(a) was not satisfied because the immediate subject of the orders were shares of negligible par value whose market value could not be quantified without further valuation and adjudication, so the HK$1,000,000 immediacy threshold was not met; the questions raised were fact-sensitive or applied settled principles and did not raise questions of great general or public importance nor were they reasonably arguable; Hu's contention of miscarriage of justice on unpleaded fraud was not an exceptional circumstance warranting leave.
17 Sept 2013

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS

Citation

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. TEXAN MANAGEMENT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV96/2012

The Court of Appeal refused Top Selection’s application to adduce the Pauline Ching File because the material could with reasonable diligence have been adduced at trial; it dismissed the appeals of Hu and Top Selection, upholding the trial judge’s factual inferences that the claimed Takeover Arrangement was a fabrication and that Hu was the beneficial controller (Willi was a nominee), and confirmed the trial judge’s orders including proprietary remedies and costs against Hu and Top Selection; it allowed Ma’s appeal in relation to the knowing‑receipt finding (CACV 91/2012), finding the pleaded…
10 Feb 2009

HAIFA INTERNATIONAL FINANCE CO LTD v. CONCORD STRATEGIC INVESTMENTS LTD AND OTHERS

Citation

HAIFA INTERNATIONAL FINANCE CO LTD v. CONCORD STRATEGIC INVESTMENTS LTD AND OTHERS
Court

Court of Appeal
Case number

CACV168/2008

Impecuniosity of the plaintiff was established by inadequate assets and lack of evidence of funding; the plaintiff failed to show a sufficiently meritorious appeal because particulars of fraud were deficient; therefore security for costs in the sum of HK$450,000 was ordered, with the appeal stayed pending payment and dismissed if not paid.
31 Jan 2008

GLORY GOLD LTD v. STAR PLAY DEVELOPMENT LTD

Citation

GLORY GOLD LTD v. STAR PLAY DEVELOPMENT LTD
Court

Court of Appeal
Case number

CACV246/2007

The Court held the statement of claim disclosed a reasonable cause of action: an entire agreement clause does not bar misrepresentation claims and a representation of present intention can support negligent or innocent (as well as fraudulent) misrepresentation; therefore the claim should not be struck out and the defendant's appeal fails.
30 Aug 2007

WISON (SHANGHAI) CHEMICAL ENGINEERING CO LTD v. SIMMONS & SIMMONS (a firm)

Citation

WISON (SHANGHAI) CHEMICAL ENGINEERING CO LTD v. SIMMONS & SIMMONS (a firm)
Court

Court of First Instance
Case number

HCMP664/2007

The court granted the requested clarification to amend paragraph 5 of the 13 July 2007 order because the plaintiff's later pleading of fraud was an unforeseen change of circumstances that could not reasonably have been provided for in the original order; the clarification is appropriate and the defendant should not bear blame for the change; accordingly the security for costs summons is adjourned sine die with liberty to restore (without the previously stated Order 14 pre-condition) and there is no order as to costs for the hearing.