Hong Kong Case Law: Decisions & Judgments

Topic

Account and inquiry

Legal area

Court

30 Dec 2025

CHANG WING KA JOHN v. CHANG WING DEE AND ANOTHER

Citation

[2025] HKCFI 6479
Court

Court of First Instance
Case number

HCMP1790/2016

The court found that, on the evidence and having regard to the binding Settlement Agreement and prior orders, the vast majority of the alleged deductions in the CS Wong Report were unjustified or unarguable; accordingly the court exercised its discretion to order immediate payment out of court of HK$112,300,894.26 to the applicant, and ordered transfer of listed shares and jewellery to the applicant, leaving only HK$6,890,451.47 retained for further determination of legal/professional costs and expenses.
16 Oct 2025

HAN JOHN ALEXANDER v. HONGKONG AUTOPAL INDUSTRIAL DEVELOPMENT CO LTD AND ANOTHER

Citation

[2025] HKCFI 4987
Court

Court of First Instance
Case number

HCA954/2022

On the balance of probabilities Autopal failed to discharge the burden of proving the asserted gold sale and that it was a bona fide purchaser for value without notice or that it changed position in good faith; accordingly the USD900,000 is held on trust for the Plaintiff (traceable property) and the Plaintiff is entitled to a declaration, an account and inquiry and payment of any sums found due together with interest; Omega is liable for breach of contract but damages are limited to the pleaded sum of USD900,000 with interest from 18 July 2023.
26 Sept 2025

VIOLET PASSION HOLDINGS LTD v. LIAN YI

Citation

[2025] HKCFI 4589
Court

Court of First Instance
Case number

HCA1981/2020

The plaintiff pleaded facts showing the defendant, who had notice of the proceedings, misappropriated company shares and proceeds and holds the remaining shares and cash in her securities account; justice requires entry of default judgment in the plaintiff's favour, declaration of constructive trust over the Remaining Shares and Remaining Balance, injunctive relief to restrain dealing with those assets, an order for transfer and payment (with fallback appointment of a handling solicitor under s.25A if the defendant fails to execute documents), payment of equitable compensation for dissipated…
24 Oct 2024

CHUNG SUET WAN v. CHUNG SUET HAN AND ANOTHER

Citation

[2024] HKDC 1699
Court

District Court
Case number

DCCJ5534/2020

The plaintiff failed to discharge the burden to prove the Further Agreement and common intention that D1 held no beneficial interest and that P should have two-thirds; P's evidence was internally inconsistent, lacked contemporaneous documentary support, and was inherently improbable in parts; therefore beneficial ownership follows the legal title and plaintiff's beneficial interest is one-third; accordingly the constructive trust claim is dismissed but sale and an account are ordered.
9 Sept 2024

LI LAI YUEN, the committee of the estate of TMF, a mentally incapacitated person (pursuant to the Order of The Hon Madam Justice B. Chu made on 6 September 2021 under Part II of the Mental Health Ordinance, Cap.136), being the Administratrix of the estate of Li Chik Ming, Deceased v. LI KIM FEI AND OTHERS

Citation

[2024] HKCFI 2514
Court

Court of First Instance
Case number

HCA1125/2022

Because the defendants failed to comply with an unless order and their Amended Defence was struck out, and because documents were properly served and the amended pleading on its face entitled the plaintiff to the relief sought (with specified textual updates), the court was justified in granting default judgment in the terms proposed by the plaintiff.
12 Jun 2024

SMART TRIKE MNF PTE LTD AND OTHERS v. CHIU SUI CHUN AND OTHERS

Citation

[2024] HKCFI 1562
Court

Court of First Instance
Case number

HCIP76/2019

The court found on the factual matrix that Chiu had assumed extensive managerial and financial roles and accepted confidential production files and customer/pricing information; she owed fiduciary duties and breached them by operating and facilitating a competing business. Choi, Ye, Global Wise and Capital Key either breached fiduciary duties or dishonestly assisted the breaches; the defendants also misused confidential designs and customer information and participated in an unlawful means conspiracy. Remedies and quantum to be determined at a subsequent account and inquiry stage.
28 Nov 2022

CHOW KAM HUNG v. WONG KIU, person appointed to represent the estate of NG WAI KWONG, Deceased AND ANOTHER

Citation

[2022] HKDC 1368
Court

District Court
Case number

DCCJ5127/2019

The court held that the ironmongery/stainless steel partnership was dissolved on 15 October 2004; there was no proved agreement that the HK$300,000 capital bore interest; no binding oral settlement agreement on accounts was proved; the plaintiff’s claim for an account (and Hoi Kong’s counterclaim) was time‑barred under the Limitation Ordinance; the oral promise did include rental income as part of 'net profits' but the claim based on that promise was time‑barred; the oral promise was supported by consideration (plaintiff stayed in the business) but limitation defeated recovery.
29 Apr 2022

CHAN KIM HONG v. CHAN YAN HONG

Citation

[2022] HKCFI 1188
Court

Court of First Instance
Case number

HCA1782/2013

On the balance of probabilities the plaintiff discharged the burden: contemporaneous Declaration and Letter signed by Wai Hong and Junpool's ledger recording studio rental income demonstrate a common intention that shares in Junpool were held on trust for the plaintiff and that the Tung Hei flat was purchased and held for the plaintiff; accordingly defendants hold the shares and the Tung Hei flat on common intention constructive trust and the plaintiff is entitled to declarations, transfers and limited account/inquiry reliefs.
29 Apr 2022

CHAN KIM HONG v. CHAN YAN HONG AND ANOTHER

Citation

[2022] HKCFI 1188
Court

Court of First Instance
Case number

HCA1781/2013

On the balance of probabilities the contemporaneous Declaration and Letter signed by Wai Hong and Junpool’s ledger recording studio rental receipts corroborate the plaintiff’s account that Junpool and the Tung Hei flat were intended to be held for him; the objective common intention of the family established a constructive trust in the plaintiff’s favour over the Junpool shares (9,900 and 100) and the Tung Hei flat, entitling plaintiff to declarations, ordered transfers and injunctions; accounts and inquiries limited to sums received by defendants personally in relation to Unit 202 and the La…
28 Apr 2022

NICO CONSTANTIJN ANTONIUS SAMARA v. STIVE JEAN PAUL DAN also known as STEVE JEAN PAUL DAN, STIVE JEAN PAUL DAN and STEVE JEAN PAUL DAN

Citation

[2022] HKCFI 1254
Court

Court of First Instance
Case number

HCA902/2018

On the admitted and probative documentary and ledger evidence the plaintiff transferred the stated bitcoins and advanced the loans, the defendant acted as the plaintiff’s sales agent and, by failing to account and by misapplying assets, committed repudiatory breaches of fiduciary duty; accordingly the plaintiff is entitled to declarations that the bitcoins, sale proceeds and fruits were held on trust, proprietary and ancillary relief (accounts, transfer of identified assets, equitable compensation if necessary), repayment of loans with interest and indemnity costs.