Hong Kong Case Law: Decisions & Judgments

Topic

Summary judgment under order 88

Legal area

Court

16 Jan 2026

DBS BANK (HONG KONG) LTD v. HONOUR ELITE CORPORATION LTD AND ANOTHER

Citation

[2026] HKCFI 401
Court

Court of First Instance
Case number

HCMP69/2025

The court found there are triable issues: (a) the plaintiff did not adequately explain reasons for exercising its right to demand immediate repayment, making the call-in arguable; and (b) there is an arguable prevention principle defence based on an alleged breach of banker-customer confidentiality that plausibly caused CNAM to lose a major client and precipitated inability to pay. Accordingly the originating summonses must be converted to writ actions, leave to defend is granted and consolidation is ordered to permit full adversarial resolution with pleadings and discovery.
16 Jan 2026

DBS BANK (HONG KONG) LTD v. HAPPY GLOBAL INC LTD AND ANOTHER

Citation

[2026] HKCFI 401
Court

Court of First Instance
Case number

HCMP71/2025

The court held that the defendants raised sufficiently credible triable issues: (1) DBS Bank issued demands without identifying an Event of Default or explaining reasons for calling in instalment loans, making the validity of the demand arguable; and (2) there is an arguable breach of banker-customer confidentiality by DBS that may have caused CNAM to lose a major client with consequential inability to repay, invoking the prevention principle. Those triable factual issues require conversion of the originating summonses to writs and unconditional leave to defend.
29 Jul 2024

CMB WING LUNG BANK LTD v. LAM MAT CHUEN

Citation

[2024] HKCFI 1956
Court

Court of First Instance
Case number

HCMP2000/2023

Defendant created unauthorised subsequent charges in breach of the mortgage which constituted Events of Default permitting the bank to call in the loan and seek possession; the Facility Letter expressly permitted variation of terms with notice and the bank's evidential material under Order 88 was sufficient; the defendant's late, unparticularised UCO challenge lacked evidential foundation and did not raise a triable issue, therefore judgment for the bank was proper.
18 Jun 2020

DAH SING BANK, LTD v. RICH STAR INVESTMENT DEVELOPMENT LTD AND OTHERS

Citation

[2020] HKCFI 1251
Court

Court of First Instance
Case number

HCMP1893/2016

The court found no triable issues: the bank was entitled to appropriate payments in the absence of directions; the FXPF contracts were not shown to be void for execution abroad, duress, unfairness or excessive risk; the Early Termination Amounts were not penal under Cavendish; interest notification via the bank's website satisfied the agreement; statutory affidavit formalities did not preclude summary judgment; accordingly summary judgment entered for plaintiff for the outstanding sums, vacant possession ordered where mortgagors defaulted, and the conversion application dismissed.

Hong Kong Case Law

DBS BANK (HONG KONG) LTD v. HONOUR ELITE CORPORATION LTD AND ANOTHER

DBS BANK (HONG KONG) LTD v. HAPPY GLOBAL INC LTD AND ANOTHER

CMB WING LUNG BANK LTD v. LAM MAT CHUEN

DAH SING BANK, LTD v. RICH STAR INVESTMENT DEVELOPMENT LTD AND OTHERS