Hong Kong Case Law: Decisions & Judgments

Topic

Solicitor liability

Legal area

Court

27 Nov 2025

PROPERTY DYNASTY LTD v. HAN KUN LAW OFFICES LLP AND ANOTHER

Citation

[2025] HKCFI 5628
Court

Court of First Instance
Case number

HCMP720/2023

The Master’s orders were correct and the appeal is dismissed: the proposed amendments to plead breaches of implied contractual duty and negligence are not bound to fail and do not impermissibly circumvent s.67 LPO; joinder of Miao & Co as 2nd Defendant was properly allowed; the Master’s exercise in awarding indemnity costs was not unreasonable. The court refused to displace common law remedies absent clear statutory exclusion and found no irremediable prejudice that could not be addressed by costs or that would preclude amendment or joinder at this pre‑trial stage.
4 Oct 2023

SMART EDGE LTD (RECEIVERS AND MANAGERS APPOINTED) v. HG PROPERTY INVESTMENT HK LTD

Citation

[2023] HKCFI 2473
Court

Court of First Instance
Case number

HCMP2146/2022

HG knew of the relevant authorities and previous admissions that similar writs were not registrable, but nevertheless persisted in registering the Instruments and opposing the originating summons without adequate justification; that conduct amounted to an abuse of the land registration system and justified varying the existing costs order nisi to award costs on an indemnity basis and ordering HG to pay costs of the variation application.
23 Feb 2012

WINNIE LO v. HKSAR

Citation

WINNIE LO v. HKSAR
Court

Court of Final Appeal
Case number

FACC2/2011

The court held that maintenance and champerty are sufficiently certain to be constitutionally valid, but quashed the appellant's conviction because the evidence did not support an irresistible inference that a solicitor who acted in a professional capacity knowingly conspired to commit maintenance or abetted champerty; convictions cannot rest on mischaracterisations of proper professional conduct or on inferences drawn from irrelevant or exculpatory facts.
4 Mar 1999

CAC BRAKE CO. LTD. ZHUHAI v. LIANG JIN WEN AND OTHERS

Citation

CAC BRAKE CO. LTD. ZHUHAI v. LIANG JIN WEN AND OTHERS
Court

Court of First Instance
Case number

HCA4666/1997

The court refused to compel the solicitors to make an affirmation and disclose payment/source details because the disclosure sought was primarily to enable contempt proceedings and A v C was distinguishable; the court exercised its discretion to dismiss the summons for disclosure.
9 Jun 1988

LAW WAN LAN v. WELL-BUILT DEVELOPMENT CO LTD AND OTHERS

Citation

LAW WAN LAN v. WELL-BUILT DEVELOPMENT CO LTD AND OTHERS
Court

Court of Appeal
Case number

CACV45/1988

On the pleaded facts the 3rd Defendant owed no duty of care to the plaintiff because mere attendance and witnessing by a solicitor, without instructions, an undertaking, or a special relationship, does not create the proximity or voluntary assumption required to found liability in negligent misstatement; therefore the claim against the firm was bound to fail and properly struck out.
11 Dec 1981

CHAN PAK MAN v. CHAN PANG FEE AND ANOTHER

Citation

CHAN PAK MAN v. CHAN PANG FEE AND ANOTHER
Court

Court of Appeal
Case number

CACV147/1980

The appeal and cross-appeal were allowed with costs; both respondents are liable to the appellant for his costs (including costs below) because the father actively participated and failed, Order 62 r.6(2) did not prevent this or the Court ordered otherwise, and there was insufficient misconduct to make solicitors K.Y. Woo & Co. liable to pay costs to the purchaser.

Hong Kong Case Law

PROPERTY DYNASTY LTD v. HAN KUN LAW OFFICES LLP AND ANOTHER

SMART EDGE LTD (RECEIVERS AND MANAGERS APPOINTED) v. HG PROPERTY INVESTMENT HK LTD

WINNIE LO v. HKSAR

CAC BRAKE CO. LTD. ZHUHAI v. LIANG JIN WEN AND OTHERS

LAW WAN LAN v. WELL-BUILT DEVELOPMENT CO LTD AND OTHERS

CHAN PAK MAN v. CHAN PANG FEE AND ANOTHER