Hong Kong Case Law: Decisions & Judgments

Topic

Transfer of businesses (protection of creditors) ordinance

Legal area

Court

1 Sept 2010

YEE FAT DEVELOPMENT LIMITED V. WINLINE KNITTING FACTORY LIMITED

Citation

YEE FAT DEVELOPMENT LIMITED V. WINLINE KNITTING FACTORY LIMITED
Court

District Court
Case number

DCCJ447/2007

Although the judge found as a matter of fact that there was a settled account, that issue was not pleaded by the defendant; because the judgment proceeded on a ground beyond the pleaded case the plaintiff satisfied the threshold of a reasonable prospect of success and leave to appeal to the Court of Appeal was granted.
13 Nov 2006

SMELOAN HONG KONG LTD v. WONG WING CHEUNG t/a HUNG WAN TRADING CO

Citation

SMELOAN HONG KONG LTD v. WONG WING CHEUNG t/a HUNG WAN TRADING CO
Court

Court of First Instance
Case number

HCA882/2003

On the facts the court found an oral agreement circa May 2002 by which the defendant took over the residual assets, staff, premises, sample cards and customers of Ho Yeung in consideration of forgiveness of an alleged HK$200,000 debt; the cumulative factors established a transfer within s.3(1) and the defendant is therefore liable for Ho Yeung's judgment debt of HK$731,114.25 and contractual/ judgment interest.
2 Jun 2006

LEUNG KIN CHI v. CHAN PUI MAN t/a CHAN WAN KEE

Citation

LEUNG KIN CHI v. CHAN PUI MAN t/a CHAN WAN KEE
Court

Court of First Instance
Case number

HCLA1/2006

Paragraph 5 of the First Schedule to the Employment Ordinance treats the transferee as continuing the employee's period of employment without breaking continuity, so when the claimant's employment was later terminated the transferee (defendant) was liable to pay termination entitlements calculated including pre‑transfer service; s.31L did not apply because the business had been transferred and the Confirmation Letter was procured to avoid liability and thus could not absolve the defendant.
29 Sept 1994

ALLSON CLASSIC HOTEL (H.K.) LTD. v. ABUNDANCE ASSETS LTD.

Citation

ALLSON CLASSIC HOTEL (H.K.) LTD. v. ABUNDANCE ASSETS LTD.
Court

Court of Appeal
Case number

CACV152/1994

The Court allowed the appeal, holding the Deputy Judge erred in refusing an interim stay by failing to apply the controlling principle that interlocutory decisions must promote the just, economical and expeditious disposal of litigation; the Deputy Judge's insistence on immediate service under Order 18 unfairly risked unnecessary parallel litigation and costs, and therefore the refusal was set aside and an interim stay ordered pending the substantive hearing by Mayo J on 9 November 1994 or until further order.

Hong Kong Case Law

YEE FAT DEVELOPMENT LIMITED V. WINLINE KNITTING FACTORY LIMITED

SMELOAN HONG KONG LTD v. WONG WING CHEUNG t/a HUNG WAN TRADING CO

LEUNG KIN CHI v. CHAN PUI MAN t/a CHAN WAN KEE

ALLSON CLASSIC HOTEL (H.K.) LTD. v. ABUNDANCE ASSETS LTD.