Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Agency (reimbursement)
  • 13 Jan 2023

    NKOK, INC v. MAYLOK TOYS INDUSTRIES CO LTD AND ANOTHER

    Citation
    [2023] HKDC 7
    Court
    District Court
    Case number
    DCCJ2010/2019

    On the balance of probabilities P was the true owner of the Toy Molds because P initiated and controlled procurement, approved designs, and paid tooling costs; D1 acted as agent (reimbursement acknowledged and agent duties performed) and repeatedly accepted/preserved purchase orders expressly acknowledging P ownership; D1 failed to prove any express exclusivity or implied term giving it exclusive possession and in any event accepted P's repudiation; D1's possession of the 80-Series Molds was wrongful for purposes of conversion/detinue and could not found a particular or general lien absent la…