Hong Kong Case Law: Decisions & Judgments

Topic

Self-dealing

Legal area

Court

4 Nov 2025

CHEN TAOCHENG v. QIN XIAOJIAN, the sole administrator of the estate of CHAN WAI HING ALEXANDER, deceased AND OTHERS

Citation

[2025] HKCFI 5225
Court

Court of First Instance
Case number

HCMP142/2025

The administratrix was removed because evidence (including registered sale transactions and the widow's own first affirmation) showed sales of estate assets to the administratrix and her close relatives that engaged the strict self‑dealing rule, produced contradictory explanations and created unavoidable conflicts of interest making her unsuitable to continue; accordingly the court revoked the Letters of Administration and appointed an independent solicitor administrator (Mr Wong Tak Shing) with directions for production of inventories, documents and transfer of assets, and made specified cos…
9 Jun 2025

LEE CHARLES GOON LOK v. LEE KWOK CHING AND OTHERS

Citation

[2025] HKCFI 2444
Court

Court of First Instance
Case number

HCA2366/2015

The court refused the proposed self-dealing/fair-dealing and undervaluation amendments and dismissed the valuation evidence summons because the amendments were inordinately late without satisfactory explanation, their admission would cause prejudice and unduly enlarge the scope of the already fixed trial, and the market valuation evidence was not sufficiently relevant to the pleaded causes of action. Unopposed amendments were allowed. Costs orders were made against the Plaintiff and jointly and severally against Plaintiff and D3 for the valuation summons.
23 Mar 2021

AGRITRADE RESOURCES LTD THROUGH THE JOINT PROVISIONAL LIQUIDATORS NG KIAN KIAT, OON SU SUN AND E. ALEXANDER WHITTAKER AND ANOTHER v. ASHOK KUMAR SAHOO

Citation

[2021] HKCFI 685
Court

Court of First Instance
Case number

HCA1660/2020

On the evidence as a whole the plaintiffs demonstrated a good arguable case in respect of misappropriation to the extent of US$5,060,000, there was a real risk of dissipation (supported by evidence of self-dealing and the defendant's knowing disposal of Singapore property), the alleged non-disclosures did not vitiate the ex parte grant, disclosure ancillary to the injunction was necessary, and variation to carve out Singapore was not justified but limited leave to enforce in Singapore and to use information was warranted given the defendant's breach of the injunction; accordingly the worldwid…
6 Aug 2009

RE TYL

Citation

RE TYL
Court

Court of First Instance
Case number

HCMP1840/2006

Madam Mak's unauthorised occupation of TYL's flat and her personal benefit from related transactions created a serious conflict of interest and breach of fiduciary duties and the rule against profit; accordingly she could no longer act as committee, the Official Solicitor was appointed as replacement and authorised to sell the property, and interim measures (three months to vacate and a HKD 16,000 monthly occupational rent) were imposed to protect TYL's interests.
25 Apr 2007

LEUNG CHEUNG YUK YING v. LEUNG KWOK FUN AND OTHERS

Citation

LEUNG CHEUNG YUK YING v. LEUNG KWOK FUN AND OTHERS
Court

Court of First Instance
Case number

HCCW150/2006

Mutual trust and confidence between the main shareholders and directors had irretrievably broken down in a company founded as a family/quasi-partnership, the 1st respondent occupied the company's sole asset to the exclusion of the petitioner and attempted self-dealing including a proposed undervalue sale and improper appointment of an additional director, such facts destroyed the substratum and fairness of continuation of the company and justified winding it up on the just and equitable ground; costs follow the event save where specifically found otherwise.
11 Sept 2006

RE MFY

Citation

RE MFY
Court

Court of First Instance
Case number

HCMP1173/2004

Engagement by a committee of the solicitor's own firm without prior court sanction amounted to a breach of fiduciary duty; the court will exercise its supervisory jurisdiction to ratify some engagements and disallow others according to reasonableness and whether tasks fall within ordinary committee duties. Specific fees were allowed in part and others disallowed.

Hong Kong Case Law

CHEN TAOCHENG v. QIN XIAOJIAN, the sole administrator of the estate of CHAN WAI HING ALEXANDER, deceased AND OTHERS

LEE CHARLES GOON LOK v. LEE KWOK CHING AND OTHERS

AGRITRADE RESOURCES LTD THROUGH THE JOINT PROVISIONAL LIQUIDATORS NG KIAN KIAT, OON SU SUN AND E. ALEXANDER WHITTAKER AND ANOTHER v. ASHOK KUMAR SAHOO

RE TYL

LEUNG CHEUNG YUK YING v. LEUNG KWOK FUN AND OTHERS

RE MFY