Hong Kong Case Law: Decisions & Judgments

Topic

Assignment of rights

Legal area

Court

22 Feb 2018

UNIVERSAL EXPORTS GROUP LTD v. ZECHIN TECHNOLOGY CO., LTD

Citation

[2018] HKCFI 283
Court

Court of First Instance
Case number

HCA2613/2016

On the whole of the evidence the court concluded there was a real risk of dissipation: defendant's statements at the September meeting were objectively threatening, the only known Hong Kong asset was funds in an HSBC account which could be easily dissipated, and the defendant failed to produce solid evidence of Sinosure revocation or a legitimate set-off. Accordingly the continuation of the 2nd Mareva injunction until trial or further order was necessary to prevent a judgment being rendered unsatisfied.
22 Aug 2016

SKECHERS SARL v. ETERNITY INT’L FREIGHT FORWARDER (HK) LTD AND OTHERS

Citation

SKECHERS SARL v. ETERNITY INT’L FREIGHT FORWARDER (HK) LTD AND OTHERS
Court

Court of First Instance
Case number

HCCL5/2015

The Amended Statement of Claim disclosed an arguable cause of action based on oral agreements evidenced by course of dealings and the bills; the proposed assignments were sufficiently pleaded to permit amendment and joinder of the 2nd–20th plaintiffs and the validity of assignments is for trial or particulars, not strike-out; Eternity's O12 r8A dismissal application failed because its affidavit did not state an intention to contest; accordingly the strike-out and dismissal applications were dismissed and leave to re-amend and join was granted, with costs orders.
22 Aug 2016

SKECHERS SARL AND OTHERS v. ETERNITY INT’L FREIGHT FORWARDER (HK) LTD AND OTHERS

Citation

SKECHERS SARL AND OTHERS v. ETERNITY INT’L FREIGHT FORWARDER (HK) LTD AND OTHERS
Court

Court of First Instance
Case number

HCCL6/2016

The Amended Statement of Claim disclosed an arguable cause of action based on oral agreements evidenced by the bills and course of dealings and was not plain and obvious ground for striking out; the proposed re-amendments to plead assignments and join assignors were sufficiently formulated and properly allowed because assignments (if in existence at the date of the writ) can be pleaded by amendment; the defendant's O12 r8A dismissal application failed because it did not file and serve the required affidavit stating an intention to contest, therefore both the strike out and dismissal applicati…
8 Oct 2015

NICE BEAUTY LTD v. LYDIA MOO YUN FUNG MEMORIAL FOUNDATION LTD

Citation

NICE BEAUTY LTD v. LYDIA MOO YUN FUNG MEMORIAL FOUNDATION LTD
Court

Court of First Instance
Case number

HCA827/2013

The defendant held legal title as trustee; the purchase money was beneficially owned by Yulin Library so a resulting trust in favour of Yulin Library arose; the 2012 assignment by Yulin Library to the plaintiff was valid and approved by the Yulin Government; the defendant failed to prove the allegation of undervalue; accordingly the plaintiff is sole beneficial owner and entitled to transfer of legal title, an account of profits and costs.
7 Jan 2014

KNORR BREMSE ASIA PACIFIC (HOLDING) LTD v. NG LAI CHING LUCIA

Citation

KNORR BREMSE ASIA PACIFIC (HOLDING) LTD v. NG LAI CHING LUCIA
Court

District Court
Case number

DCCJ3796/2011

The court held that there was no actionable breach of an implied condition of fitness for habitation on the yellow water issue; Clause 11 and the tenancy did not create a covenant to repair chattels and the tenant instead owed a tortious duty of care to return chattels; the alleged oral transfer of ownership of non-listed chattels to the Plaintiff was not proved; the Assignment wording did not transfer WTL's pre-assignment causes of action for chattels to the Defendant; most alleged damage to property and chattels amounted to fair wear and tear or inherent defects and were not recoverable, bu…
25 Mar 2010

TUNG SHING METAL PRODUCT FACTORY LTD t/a TAI WANG METAL PRODUCT FACTORY v. ROYAL GLORY INTERNATIONAL LTD

Citation

TUNG SHING METAL PRODUCT FACTORY LTD t/a TAI WANG METAL PRODUCT FACTORY v. ROYAL GLORY INTERNATIONAL LTD
Court

District Court
Case number

DCCJ5090/2007

The court found an oral replacement agreement conditioned on return of defective bands, held the assignment to the Plaintiff valid, rejected the Defendant's evidence on the quantity of defects due to lack of documentary/survey proof, and awarded the Plaintiff HK$593,218 for 8,854 unreturned replacement bands plus interest and costs.
15 Mar 2010

ZHANG QIYUN v. SHUN SHING CONSTRUCTION & ENGINEERING CO LTD

Citation

ZHANG QIYUN v. SHUN SHING CONSTRUCTION & ENGINEERING CO LTD
Court

Court of First Instance
Case number

HCA1155/2007

Clause 14 of the Project Management Agreement prohibiting assignment without written consent precluded the purported assignment to Mr Zhang; the consent of the defendant was not obtained; the assignment was therefore ineffective at law, Mr Zhang had no locus standi to continue the proceedings, and the action was struck out. The court also held that if the assignment had been effective the assignee would have been bound by the arbitration clause and the proceedings would have been stayed and referred to arbitration.
10 Oct 2008

BANK OF CHINA (HONG KONG) LTD v. NAM TAI ELECTRONICS, INC. AND ANOTHER

Citation

BANK OF CHINA (HONG KONG) LTD v. NAM TAI ELECTRONICS, INC. AND ANOTHER
Court

Court of First Instance
Case number

HCA1619/2007

Clause 24.1 of the Share Charges, being an unqualified prohibition on assignment, applied to prohibit the Assignment and made the Assignment void as against BOC; the rights to an account and to any surplus arose under the Share Charges and thus fell within the prohibition; Hong Kong courts are the appropriate forum to determine those rights; BOC was entitled to declarations sought and to costs, and the anti-suit injunction claim was justified until defendants conceded Hong Kong jurisdiction.
23 Nov 2007

UNLIMITED PRODUCTION LTD v. FILMKO PICTURES LTD

Citation

UNLIMITED PRODUCTION LTD v. FILMKO PICTURES LTD
Court

Court of Appeal
Case number

CACV401/2006

The appeals were dismissed because the trial judge's adverse credibility findings against Filmko's witness were entitled to deference and not plainly wrong; the contested passage in Mr Yee's letter was equivocal and consistent with the respondent's case; Filmko failed to raise the point at trial and could not properly raise it for the first time on appeal or satisfy the conditions for fresh evidence; the judge had no duty to recall parties and was entitled not to do so.
27 Sept 2007

STAR TV FILMED ENTERTAINMENT (HK) LTD AND ANOTHER v. GOLDEN PRINCESS AMUSEMENT CO LTD AND ANOTHER

Citation

STAR TV FILMED ENTERTAINMENT (HK) LTD AND ANOTHER v. GOLDEN PRINCESS AMUSEMENT CO LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV61/2007

The court held that the SFAs effected comprehensive assignments of all rights worldwide in the listed films including underlying works and adaptation rights, and that the executed licence’s own definitions confined the rights granted to the cinematographic films as defined in that licence; therefore the licence did not grant the first defendant the underlying rights and the declarations in favour of the plaintiffs were correct.