Hong Kong Case Law: Decisions & Judgments

Topic

Restitutio in integrum

Legal area

Court

28 Aug 2024

FAMEWAY FINANCE LTD v. JOY RICH DEVELOPMENT LTD (In liquidation)

Citation

[2024] HKCFI 2204
Court

Court of First Instance
Case number

HCA510/2012

The Default Judgment was set aside because Joy Rich established a defence with a real prospect of success that Lau, as shadow director, breached fiduciary duties and that the Fameway Loan and Mortgage were entered for an improper purpose or without authority; attribution and public policy issues are fact-sensitive and do not presently bar relief; restitutio in integrum does not automatically preclude rescission where defendant wrongdoing prevents restitution; delay did not produce exceptional prejudice to justify refusing relief; accordingly the strike-out and dismissal applications against t…
20 May 2019

ACUTE RESULT HOLDINGS LTD v. LIONCAP GLOBAL MANAGEMENT LTD

Citation

[2019] HKCFI 1580
Court

Court of First Instance
Case number

HCA820/2018

The court held that the pleaded misrepresentation as to defendants' present intention entitled the plaintiff to rescind the relevant agreements unless barred; the prior default judgment did not amount to an unequivocal election and could be set aside to the extent necessary; accordingly default judgment was entered for the plaintiff on the misrepresentation/rescission basis and equitable restitutionary relief (return of shares, dividends and interest) was ordered with reciprocal return of loan moneys by the plaintiff.
20 May 2019

ACUTE RESULT HOLDINGS LTD v. LIONCAP ASIA LTD AND ANOTHER

Citation

[2019] HKCFI 1580
Court

Court of First Instance
Case number

HCA2918/2018

The plaintiff was entitled to rescind the agreements for fraudulent/reckless misrepresentation as pleaded; the relevant part of the prior default judgment (HCA 820/2018) is set aside to permit rescission; default judgment is entered in HCA 2918/2018 awarding rescission and restitution (return of shares, dividends, interest at commercial rate prime plus 1% p.a.) and requiring the plaintiff to return any principal sums received with interest at prime plus 1% p.a.; an order to be drawn for court approval.
21 May 2015

CROWN MASTER INTERNATIONAL TRADING CO LTD v. CHINA SOLAR ENERGY HOLDINGS LTD

Citation

CROWN MASTER INTERNATIONAL TRADING CO LTD v. CHINA SOLAR ENERGY HOLDINGS LTD
Court

Court of First Instance
Case number

HCA21/2015

The application for an interim injunction was dismissed because Crown Master had given value before the Company acquired notice of its mere equity and, having taken steps enabling registration and later completing registration, Crown Master was entitled to priority as a bona fide purchaser for value without notice under the principles in Macmillan v Bishopsgate and the statutory framework (Companies Act 1981 (Bermuda)); grounds challenging title were demurrable and on balance of convenience withholding the injunction avoided greater injustice to Crown Master.
23 Nov 2006

MIMI MONICA WONG v. MIRKO SACCANI AND ANOTHER

Citation

MIMI MONICA WONG v. MIRKO SACCANI AND ANOTHER
Court

Court of First Instance
Case number

HCA2061/2004

In the absence of evidence that the plaintiff had to borrow to replace the sums and given that the funds were paid into court by agreement and earned deposit rates, the correct measure in the particular circumstances was loss of return on the money (actual interest received on the monies in court) rather than the cost of borrowing; accordingly the earlier order for interest at prime plus 1% was set aside and the plaintiff awarded the actual interest sums accrued on the monies paid into court and thereafter interest at the judgment rate until payment.
24 Aug 2005

LAM SIN MING v. BRIGHT LAMP INDUSTRIES LTD

Citation

LAM SIN MING v. BRIGHT LAMP INDUSTRIES LTD
Court

District Court
Case number

DCCJ747/2003

The court found the pamphlet, tender document and oral statements were material representations that were false and made without reasonable grounds (reckless or negligent). Plaintiffs relied on them to enter licences. Plaintiffs promptly rescinded after discovery; rescission is available and appropriate. Restitution primarily required return of licence deposits; full damages for business losses not awarded because plaintiffs failed to prove net loss (no income evidence). Defendant's counterclaims dismissed.
8 May 2000

PARKWELL COMMERCIAL LTD. v. SWEET VIEW PROPERTIES LTD.

Citation

PARKWELL COMMERCIAL LTD. v. SWEET VIEW PROPERTIES LTD.
Court

Court of First Instance
Case number

HCA10449/1999

Rescission was not an available defence because restitutio in integrum could not be effected after the tenancy had been substantially performed and because the doctrine of tenancy by estoppel prevents the tenant from denying the lessor's title during the tenancy; accordingly no triable issue on liability for rent and rates in arrears was established, though a triable issue was found on the claimed rent reduction and consideration, and the judgment sum was reduced accordingly.
29 Jul 1996

ATTORNEY GENERAL v. SHIMIZU CORPORATION

Citation

ATTORNEY GENERAL v. SHIMIZU CORPORATION
Court

Court of First Instance
Case number

HCMP1169/1995

Section 22A of the Arbitration Ordinance, read in its statutory and commercial context, permits an arbitrator to award compound interest; the arbitrator's award of compound interest was within his discretion and the appeal was dismissed.
24 Feb 1984

KOMALA DECCOF & CO S.A. AND OTHERS v. PERUSAHAAN PERTAMBANGAN MINYAK DAN GAS BUMI NEGARA (PERTAMINA)

Citation

KOMALA DECCOF & CO S.A. AND OTHERS v. PERUSAHAAN PERTAMBANGAN MINYAK DAN GAS BUMI NEGARA (PERTAMINA)
Court

Court of Appeal
Case number

CACV153/1982

The Court allowed the appeal, holding that in commercial debt cases interest should run from the date when the money should reasonably have been paid and that mere unexplained delay by the claimant does not justify reducing interest absent exceptional circumstances; the appropriate commercial guideline rate is 1% above prime unless evidence shows a different rate is more appropriate.
23 Jul 1968

LES SOEURE MISSIONARRIES DE NOTRE-DAME DES ANGES DE LENNOXVILLE A FOREIGN CORPORATION WHICH HAS ESTABLISHED A PLACE OF BUSINESS IN HONG KONG v. ARTHUR SAMY AND OTHERS

Citation

LES SOEURE MISSIONARRIES DE NOTRE-DAME DES ANGES DE LENNOXVILLE A FOREIGN CORPORATION WHICH HAS ESTABLISHED A PLACE OF BUSINESS IN HONG KONG v. ARTHUR SAMY AND OTHERS
Court

Court of First Instance
Case number

HCA671/1966

The court held that (1) a specially appointed referee with technical expertise may properly use his own expert knowledge to assess and determine the technical issues referred to him, provided findings are based on the parties' evidence, and (2) damages for injury to land are assessed by the cost of restoring the land to its pre-damage condition (restitutio in integrum), subject to a requirement that remedial measures and expenses be reasonable and taken on proper advice, with all relevant circumstances considered.