Hong Kong Case Law: Decisions & Judgments

Topic

Summary judgment/originating summons

Legal area

Court

19 May 2026

CHAN, JOHNSON AND OTHERS v. BEST PLAN DEVELOPMENT LTD AND ANOTHER

Citation

[2026] HKCFI 2784
Court

Court of First Instance
Case number

HCA1492/2022

The HCMP summary procedure was stayed because there are serious and contested factual disputes central to the claim (nature of the advance/loan and surrounding Common Understanding) that cannot be reliably resolved on affidavits alone; therefore the full action (HCA), in which pleadings have closed and discovery has been conducted, should proceed first and the HCMP proceed only thereafter if necessary.
12 Nov 2025

ANNE FAN AND ANOTHER v. LING YACHAO

Citation

[2025] HKDC 1925
Court

District Court
Case number

DCMP2494/2024

Plaintiffs proved on unchallenged evidence that US$75,000 was transferred as a result of cyberfraud, the transfer is traceable to the 1st defendant's account, the 1st defendant received and was enriched by the sum, no defence was put forward, and equity requires that the 1st defendant hold the traced funds (and proportionate accrued interest) on constructive trust for the plaintiffs; accordingly summary judgment and declaratory relief were appropriate with quantified pro rata allocations and assessed costs.
23 Apr 2025

HABIB BANK ZURICH (HONG KONG) LTD (formerly known as HBZ Finance Limited) v. TEE VEE BRANDS INTERNATIONAL LTD AND OTHERS

Citation

[2025] HKCFI 2100
Court

Court of First Instance
Case number

HCMP1059/2024

On the evidence and contractual provisions before the court the plaintiff was entitled to summary judgment: the pleaded sums were established by conclusive contractual evidence, defendants failed to show any credible defence that would render the matter triable, the bank validly exercised its contractual termination right, the defendants were liable under the guarantees and mortgage and the right to possession had arisen; accordingly the originating summons was summarily disposed in favour of the plaintiff and relief granted including payment, possession and indemnity costs.

Hong Kong Case Law

CHAN, JOHNSON AND OTHERS v. BEST PLAN DEVELOPMENT LTD AND ANOTHER

ANNE FAN AND ANOTHER v. LING YACHAO

HABIB BANK ZURICH (HONG KONG) LTD (formerly known as HBZ Finance Limited) v. TEE VEE BRANDS INTERNATIONAL LTD AND OTHERS