Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Accounting and equitable compensation

Legal area

Court

12 Aug 2016

WAH SUN HONG LTD v. WONG LEE YUK PING AGNES

Citation

WAH SUN HONG LTD v. WONG LEE YUK PING AGNES
Court

Court of First Instance
Case number

HCA874/2015

The defendant failed to comply with the FBP Order because her responses did not supply required particulars and merely stated entitlement or irrelevance; there is no reason to excuse non-compliance under Order 45 r 6; the court granted an unless order requiring provision of the Outstanding Particulars by 4:00 pm on 9 September 2016, with specified consequences for non-compliance and costs to be paid by the defendant.
9 Mar 2005

MAN FONG HANG v. MAN PING NAM AND OTHERS

Citation

MAN FONG HANG v. MAN PING NAM AND OTHERS
Court

Court of Appeal
Case number

CACV104/2004

The managers breached their fiduciary duty by failing to obtain independent valuation, proper marketing or to invite/engage competing offers; the subsequent resale within 17 days at a substantially higher price (adjusted downward by 10% for vacant possession) disclosed the market value the managers should have achieved; causation of loss to the Wui is established and relief under s.60 is refused because the managers failed to prove they acted honestly and reasonably; therefore the appeal is dismissed and equitable compensation and an account of the fund are ordered.