Hong Kong Case Law: Decisions & Judgments

Topic

Abandonment of chattels

Legal area

Court

25 Nov 2024

CHOW SUI HEI v. CHOW SUI TAK

Citation

[2024] HKCFI 3360
Court

Court of First Instance
Case number

HCA2925/2017

The 2014 Agreement is a valid and enforceable family arrangement despite being a family agreement; the judge found no material non‑disclosure, no undue influence and no economic duress, and ordered specific performance requiring Tak to distribute the net proceeds of the Third Street Property on a 40% (Hei), 30% (Tak), 10% (Chun), 10% (Kwai) and 10% (Yuk) basis; Tak's counterclaim mostly failed except for a payment to Tak of HK$216,240 for 40% of rental income prior to 2015; in the conversion action the court held Hei liable for wrongful disposal of Tak/Kam Yip chattels, rejected abandonment,…
30 May 2024

EXXON LTD AND ANOTHER v. ZENG CHENG ENGINEERING COMPANY LTD

Citation

[2024] HKDC 869
Court

District Court
Case number

DCCJ3140/2023

Plaintiffs, initially licenced bailees, became involuntary bailees upon expiry/termination of the licence; they exercised good faith and reasonable steps to require removal of the chattels and properly served process, so a declaratory order permitting plaintiffs to demolish and dispose of the chattels is justified. A declaration of abandonment was refused because abandonment was not pleaded or proven. Costs of demolition/disposal are recoverable from the defendant because the procurement contracts expressly obliged the defendant to remove debris and leave the work site in a satisfactory condi…
6 Sept 2017

CHAN CHO FAI v. LAM KIT HEUNG

Citation

CHAN CHO FAI v. LAM KIT HEUNG
Court

District Court
Case number

DCCJ3766/2016

Given the plaintiff's repeated and documented attempts to contact the defendant and her solicitors, absence of any response since February 2015, and the plaintiff's exercise of reasonable care as involuntary bailee, the Left Property was found abandoned; the plaintiff is entitled to a declaratory order permitting disposal of the Left Property and to recover costs of disposal and costs of the action from the defendant.
28 Sept 2000

RE: MAN CHING YI, WENDY and EX PARTE: QUINWAY CO. LTD. A Creditor

Citation

RE: MAN CHING YI, WENDY and EX PARTE: QUINWAY CO. LTD. A Creditor
Court

Court of First Instance
Case number

HCB1033/1999

The court accepted the petitioner's documentary evidence (notably the 30 Sept 1998 fax, the debtor's note and solicitors' correspondence) over the debtors' oral account, found the alleged release agreement unproved on the balance of probabilities, concluded no bona fide dispute on substantial grounds existed as to the debt, and therefore made bankruptcy orders against each debtor.
28 Sept 2000

RE: CHAN KA KEUNG and EX PARTE: QUINWAY CO. LTD A Creditor

Citation

RE: CHAN KA KEUNG and EX PARTE: QUINWAY CO. LTD A Creditor
Court

Court of First Instance
Case number

HCB1324/1999

The judge found on the balance of probabilities that the alleged agreement as pleaded by the debtors was not established; contemporaneous documents (the 30 September 1998 fax, the debtor's note and the solicitor's letter) supported the petitioner's account and showed non‑compliance by the debtors with agreed conditions, so there was no bona fide dispute on substantial grounds and bankruptcy orders were justified.

Hong Kong Case Law

CHOW SUI HEI v. CHOW SUI TAK

EXXON LTD AND ANOTHER v. ZENG CHENG ENGINEERING COMPANY LTD

CHAN CHO FAI v. LAM KIT HEUNG

RE: MAN CHING YI, WENDY and EX PARTE: QUINWAY CO. LTD. A Creditor

RE: CHAN KA KEUNG and EX PARTE: QUINWAY CO. LTD A Creditor