Hong Kong Case Law: Decisions & Judgments

Topic

Aggravated and exemplary damages

Legal area

Court

7 Apr 2008

NAM TAI ELECTRONICS, INC. v. PRICEWATERHOUSE COOPERS

Citation

NAM TAI ELECTRONICS, INC. v. PRICEWATERHOUSE COOPERS
Court

Court of Final Appeal
Case number

FACV1/2007

Because PWC had paid HK$101,000 into court before trial and Nam Tai had persistently prosecuted claims for aggravated or exemplary monetary damages rather than making clear it sought only vindication, the Court apportioned costs: PWC must pay one‑third of Nam Tai's costs up to 14 May 2001, and Nam Tai must pay the whole of PWC's costs from 15 May 2001 onwards.
17 Dec 2002

BRAND FARRAR BUXBAUM LLP v. SAMUEL-ROZENBAUM DIAMOND LTD. AND OTHERS

Citation

BRAND FARRAR BUXBAUM LLP v. SAMUEL-ROZENBAUM DIAMOND LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA5191/1998

Claimant was entitled to the seized goods and they were released; however Claimant failed to show a fairly arguable case of substantial grievance or actual financial loss beyond nominal damages resulting from the bailiffs' actions and had abandoned allegations of oppressive or insolent conduct, therefore protection orders were granted for both bailiffs under the common‑law defence and Order 17; costs were allocated largely against the Judgment Creditor (who had pursued piercing the corporate veil but then conceded) with specific directions on bailiff and claimant costs and repayment of part o…
8 Mar 2001

WONG KWOK MUI, ENOCH v. LEE YUEN TIM

Citation

WONG KWOK MUI, ENOCH v. LEE YUEN TIM
Court

District Court
Case number

DCEO9/1999

On the balance of probabilities the court was not satisfied that the Defendant made unwelcome advances or engaged in unwelcome conduct in circumstances reasonable people would anticipate to be unwelcome; credibility findings and collateral evidence did not suffice to establish the pleaded sexual harassment or bring the case within s40(1) Cap 480, so the plaintiff's claim is dismissed.
27 Nov 1986

ROBERT MCCLELLAN STEWART, JR. AND OTHERS v. THE HONG KONG PHILHARMONIC SOCIETY LIMITED

Citation

ROBERT MCCLELLAN STEWART, JR. AND OTHERS v. THE HONG KONG PHILHARMONIC SOCIETY LIMITED
Court

Court of Appeal
Case number

CACV103/1986

The appeal was dismissed because, although the trial judge found representations were made, the plaintiffs failed to prove actual loss causally attributable to those representations (except the 2nd plaintiff's proved loss), and the evidence was insufficient to quantify any speculative lost opportunity; therefore no damages could be awarded beyond the particular proven amount.

Hong Kong Case Law

NAM TAI ELECTRONICS, INC. v. PRICEWATERHOUSE COOPERS

BRAND FARRAR BUXBAUM LLP v. SAMUEL-ROZENBAUM DIAMOND LTD. AND OTHERS

WONG KWOK MUI, ENOCH v. LEE YUEN TIM

ROBERT MCCLELLAN STEWART, JR. AND OTHERS v. THE HONG KONG PHILHARMONIC SOCIETY LIMITED