Hong Kong Case Law: Decisions & Judgments

Topic

Account of profits

Legal area

Court

24 Nov 2025

LIQUIDITY TECHNOLOGIES LTD AND ANOTHER v. MARK DAVID LAMB AND OTHERS

Citation

[2025] HKCFI 5658
Court

Court of First Instance
Case number

HCA1646/2023

Leave to amend the SJ Summons was granted: the Additional Relief (claim for damages for improperly settling the arbitration) had been pleaded in the Amended Statement of Claim, the Seychelles judgment handed down after the SJ Summons supported the amendment, the 1st Defendant failed to show the amendment was bound to fail or that real prejudice or mala fides existed, and any further evidence is to be limited and sequenced by court directions; costs and procedural directions were ordered accordingly.
26 Sept 2025

KISHIN SAMTANI, THE ADMINISTRATOR OF THE ESTATE OF NARIAN SAMTANI, DECEASED v. CHANDERSEN TIKAMDAS SAMTANI

Citation

[2025] HKCFI 4526
Court

Court of First Instance
Case number

HCA496/2011

The court refused the plaintiff's proposed variations: the plaintiff failed to show that the credit notes produced late were of the bank-issued category previously sought and the plaintiff had nonetheless pursued the misappropriation claim after the CESCO Arrangement was pleaded; there were insufficient special features to award indemnity costs; the administrator (Kishin) is prima facie personally liable and therefore the Estate of Narian Samtani and Kishin are ordered jointly and severally to pay defendant's costs on party-and-party basis with certificate for two counsel; the plaintiff's var…
30 Jun 2025

CHAN CHUN KUEN AND ANOTHER v. GANG PIAO JIA LTD AND ANOTHER

Citation

[2025] HKCFI 2781
Court

Court of First Instance
Case number

HCA2783/2018

The court held that the buyback right in Clauses 3.12 and 4.3 is enforceable and not subject to the alleged condition precedents; GPJ failed to prove consensual termination at the October 2016 meeting; Chan is entitled to specific performance for the repurchase at HK$2,000,000; Lau did not validly resign and remained a director and breached fiduciary duties by operating a competing business and must account for profits and be restrained.
16 May 2025

LEUNG CHA SEE PHARMACEUTICAL LTD AND OTHERS v. MAN KAM HO AND OTHERS

Citation

[2025] HKCFI 2003
Court

Court of First Instance
Case number

HCA1685/2019

Plaintiffs failed to prove, on the balance of probabilities and with the necessary particularity for fraud allegations, that the April–July 2018 transactions were fictitious or constituted misappropriation; Man (as General Manager) did owe fiduciary duties but plaintiffs did not prove breach; Zhu was not liable to pay the alleged HK$8,422,767.72 contribution because the Agreement did not impose that payment and ambiguities are resolved against the drafting investors; Propitious breached its funding obligations which entitled the other contracting party to withhold performance as appropriate;…
18 Mar 2025

MOK KIN KAU MCNARY 對 MOK WING YI

Citation

[2025] HKDC 308
Court

District Court
Case number

DCCJ633/2021

Permission to appeal was refused because the plaintiff has no reasonable prospect of success: the trial judge's factual findings—based on contemporaneous documents, witness evidence and the plaintiff's lack of enquiries—reliably rejected the plaintiff's assertions that the defendant held shares on trust or owed the monetary sums; there is no basis to vary the interim costs order given only limited success by the plaintiff.
2 Sept 2024

LEUNG CHI CHEONG (the person appointed to represent the estate of LEUNG FAI, deceased) v. LIU CHE WUN AND ANOTHER

Citation

[2024] HKCFI 2181
Court

Court of First Instance
Case number

HCA1128/2007

On the factual findings of joint management, sharing of profits, repeated assurances and detrimental reliance, the court held that the Deceased and the 1st defendant had a common intention that the 1st defendant would have a beneficial interest in the Land and it would be unconscionable to deny that interest; accordingly the plaintiff (and/or the Estate) held the Land on a common intention constructive trust for the 1st defendant as sole beneficial owner; alternatively the elements of proprietary estoppel were satisfied; the plaintiff's claim for an account of profits was rejected and the 1st…
17 Jul 2024

TIEN SAU TONG MEDICINE COMPANY (HONG KONG) LTD 對張寶靈及另二人

Citation

[2024] HKDC 1114
Court

District Court
Case number

DCCJ5670/2018

The court found on balance that production and packaging of the product were carried out with the director's knowledge or authorization and therefore defendants 1 and 3 were not liable for unauthorised production or misapplication of company funds; however the court found defendants 1 and 3 did sell unregistered product without proper prescription but the plaintiff failed to prove defendants appropriated profits or caused provable loss; consequently the plaintiff's claims against defendants 1 and 3 are dismissed and no account of profits is ordered.
11 Jun 2024

WONG YEE CHUK AND ANOTHER v. LO PO WAI, HARRY AND OTHERS

Citation

[2024] HKCFI 1563
Court

Court of First Instance
Case number

HCMP3365/2016

The Petitions under s.724 CO were dismissed because Wong/Cheng failed to prove the alleged unfairly prejudicial acts by Lo/Pan; the court found the companies had operated as a group and a quasi‑partnership existed but no consent requirement existed; Lo/Pan’s changes were bona fide responses to NHEL’s collapse precipitated by Wong’s misconduct (notably causing Yibao not to pay and refusal to assist with regulatory Combined Licence). Separately, the court found Wong breached fiduciary duties by transferring HIL trademarks to Harsen China, procuring registration of similar marks, competing throu…
6 Jun 2024

CRAFT BAMBOO HOLDINGS LTD v. RICHARD PAUL COLEMAN AND ANOTHER

Citation

[2024] HKCFI 1509
Court

Court of First Instance
Case number

HCA2665/2017

On the true construction of the agreements and the factual matrix the 1st Defendant's fiduciary duties and contractual covenants were not so limited as to permit him to divert motorsport sponsorship and commercial representation opportunities to his own company or associated entities without full disclosure and consent; he breached fiduciary duties and contractual obligations, and the 2nd Defendant knowingly received the proceeds and breached its contractual duties and is therefore liable; defendants' counterclaims fail and late amendment was refused.
31 May 2024

HUI CHUN PING v. HUI KAU MO

Citation

[2024] HKCA 508
Court

Court of Appeal
Case number

CACV377/2022

The constructive trust over secret profits obtained by a fiduciary in breach of duty is a category 2 remedial constructive trust; accordingly s.20(1)(b) Limitation Ordinance does not apply to avoid limitation, and claims for equitable compensation and accounts arising from such breach are subject to the six‑year limitation period (by s.20 or by analogy to s.4), rendering the pleaded claims time‑barred in the present action; nevertheless leave to appeal to the Court of Final Appeal on the four questions is granted because they raise issues of general importance that merit authoritative determi…