Hong Kong Case Law: Decisions & Judgments

Topic

Remedies and quantum

Legal area

Court

30 May 2025

RICH TARGET PROPERTIES LTD v. TREASURE RING LIMITED TRADING AS YAN OI NURSING HOME NO.1 BRANCH AND ANOTHER

Citation

[2025] HKCFI 2341
Court

Court of First Instance
Case number

HCA1174/2016

The court found the pleaded oral agreement (as alleged by the plaintiff) did not exist; although the pipes were unauthorized building works installed during renovation, the plaintiff failed to prove on the balance of probabilities that 2/F was the source of the water seepage because all relevant tests were negative and no plausible explanation rendered those negatives inconclusive; accordingly plaintiff’s claims in contract and tort failed and were dismissed; the 1st defendant’s counterclaim for return of the rental deposit succeeded.
28 Dec 2018

MAN MI SANG AND ANOTHER v. MAN SHEK TONG AND OTHERS

Citation

[2018] HKCFI 2755
Court

Court of First Instance
Case number

HCA881/2012

Plaintiffs failed to prove the Land was let below market rent because there was no open, transparent market for Tso lands in San Tin, the plaintiffs' comparables were unreliable, and the defendants demonstrated they had taken reasonable steps and acted with due diligence; there was no established custom requiring managers to obtain members' consent; accordingly defendants did not breach fiduciary duties and the claim is dismissed.
26 May 2008

AKAI HOLDINGS LTD (IN LIQUIDATION) v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON)

Citation

AKAI HOLDINGS LTD (IN LIQUIDATION) v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON)
Court

Court of First Instance
Case number

HCCL59/2004

Although Mr Ting acted in breach of fiduciary duty in procuring Akai to assume Singer's indebtedness, the defendant bank did not have actual knowledge and reasonably relied upon Ting's apparent authority; the bank therefore is not liable in knowing receipt or knowing assistance and the Loan Agreement and Share Pledge Agreement are valid and enforceable, entitling the bank to retain sale proceeds and to prove its adjudicated claim.
5 Feb 2008

FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER

Citation

FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4414/2001

Applying the three-stage choice-of-law approach, the court characterised the dispute as rights and obligations under the sale contracts (sale of shares), adopted lex loci actus and identified Hong Kong as the proper law (closest and most real connection). Under Hong Kong law the First Laser Agreement was valid; the Plaintiff paid the full consideration; the 1st Defendant breached by selling FCL to JDS; the 1st Defendant held 51% beneficial interest on constructive trust for the Plaintiff and the 2nd Defendant (conduit) is a constructive trustee of 51% of proceeds. The Plaintiff is entitled to…
25 Jun 1997

THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD AND OTHERS

Citation

THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD AND OTHERS
Court

Court of First Instance
Case number

HCCT16/1994

Palmer and Turner owed the Bank a duty of care in designing/procuring a fixing system and breached that duty causing loss; Palmer and Turner are liable for full rectification costs. Tsien Wui's tort liability was rejected because the design work had been delegated to an independent consultant and the plaintiff failed to plead or prove non-delegable duty or negligent supervision; contractual claims based on continuing lifetime warranty were not established and are time-barred on the pleaded basis. The cause of action for limitation accrues when the economic loss is known or manifest (adopting…

Hong Kong Case Law

RICH TARGET PROPERTIES LTD v. TREASURE RING LIMITED TRADING AS YAN OI NURSING HOME NO.1 BRANCH AND ANOTHER

MAN MI SANG AND ANOTHER v. MAN SHEK TONG AND OTHERS

AKAI HOLDINGS LTD (IN LIQUIDATION) v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON)

FIRST LASER LTD v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER

THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD AND OTHERS