Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Surety/guarantee

  • 16 Jan 2026

    WIDELAND INTERNATIONAL LTD v. Crafa Hotel Management Ltd AND ANOTHER

    Citation
    [2026] HKCFI 291
    Court
    Court of First Instance
    Case number
    HCA1331/2024

    Defendants repudiated the lease and are liable for plaintiff's further loss and damages: vacant period from 1 Jan to 30 Jun 2025 compensated at contractual rates; shortfall from contractual rent to accepted market rent of $631,000/month from 1 Jul 2025 to 31 Dec 2030 compensated with a 5% discount on the capitalised sum; management charges and rates for the vacancy period payable; pre-assessment interest and inspection fees not recoverable or not pursued; total further loss assessed and crediting deposit results in defendants owing $38,544,970.00 plus statutory interest and indemnity costs.

  • 15 Jul 1980

    RE HONG KONG MALAYAN DRILLERS & ENGINEERINGS LTD

    Citation
    RE HONG KONG MALAYAN DRILLERS & ENGINEERINGS LTD
    Court
    Court of First Instance
    Case number
    HCCW50/1978

    Wages advanced by principal contractors are preferential under s.265(2) of the Companies Ordinance; sums advanced for severance pay are not 'wages' and do not attract preference unless the contractor acted as surety and complied with the formal/statutory requirements (section 15 LARO in conjunction with s.265). Assignment or subrogation to workers' claims does not itself confer statutory preferential status on the assignee without compliance with the statutory mechanism; claimants who acted as sureties with supporting documents are entitled to preference, others are admitted as unsecured cred…