Hong Kong Case Law: Decisions & Judgments

Topic

Assumption of risk

Legal area

Court

31 Aug 2016

SHEHZAD MOHAMMAD v. TIM FUNG STEAM LAUNDRY (SHATIN) CO LTD

Citation

SHEHZAD MOHAMMAD v. TIM FUNG STEAM LAUNDRY (SHATIN) CO LTD
Court

Court of First Instance
Case number

HCPI842/2014

The plaintiff was found not credible and to have willingly placed himself in a position of danger; there was no admissible evidence of machine malfunction and medical records and expert examination showed exaggeration/malingering; therefore the defendant owed no liability and the action is dismissed with indemnity costs to the defendant.
29 Jun 2016

GLOBENET DROID LTD v. HONG KONG HANG LUNG ELECTRONIC COMPANY (A FIRM)

Citation

GLOBENET DROID LTD v. HONG KONG HANG LUNG ELECTRONIC COMPANY (A FIRM)
Court

District Court
Case number

DCCJ3288/2013

The plaintiff paid US$104,246.00 under an operative mistake induced by fraudulent emails; the defendant was enriched at the plaintiff's expense; the defendant failed to act in good faith because the large, unusual excess payment and subsequent refund instructions gave grounds for inquiry which the defendant did not make and thus the change of position defence fails; accordingly restitution of US$104,246.00 (plus interest and costs) is ordered.
4 Dec 2015

MA YONG MEI v. CHENG MUK LAM

Citation

MA YONG MEI v. CHENG MUK LAM
Court

District Court
Case number

DCPI631/2012

On the evidence the court accepted the defendant's version that the volleyball struck the plaintiff's eye and that the defendant's actions were a normal, non-reckless part of a recreational game; given the higher tolerance for errors in sport and the factual impossibility of the defendant's hand having reached the plaintiff's eye as alleged, there was no actionable negligence and the plaintiff's claim was dismissed.
14 Mar 2013

WELLTUS LTD v. FORNTON KNITTING CO LTD

Citation

WELLTUS LTD v. FORNTON KNITTING CO LTD
Court

Court of Appeal
Case number

CACV268/2011

The appeal was allowed in part because the trial judge failed to address a critical pleaded issue of acceptance of delivered goods and did not give adequate reasons on key credibility and expert-evidence disputes; the counterclaim contained errors in quantification and lacked sufficient reasoned analysis; accordingly the trial judgment was set aside, partial judgment for Plaintiff for $33,981.26 was entered by concession, and the balance of claims and the Defendant's counterclaim were remitted for retrial before another judge.
8 Jul 2004

KWONG MILE SERVICES LTD v. COMMISSIONER OF INLAND REVENUE

Citation

KWONG MILE SERVICES LTD v. COMMISSIONER OF INLAND REVENUE
Court

Court of Final Appeal
Case number

FACV20/2003

The Court held the profits arose in or were derived from Hong Kong because the taxpayer earned them by marketing and selling the Mainland property in Hong Kong; the underwriting risk assumed in Guangzhou did not itself generate a premium or constitute the proximate source of the profits, so the profits are chargeable to Hong Kong profits tax.
1 Nov 1994

YIP SHEK WU t/a TAT LEE GARMENT FACTORY v. YUE TEI MAY t/a CHUNG WAH TRANSPORTATION CO.

Citation

YIP SHEK WU t/a TAT LEE GARMENT FACTORY v. YUE TEI MAY t/a CHUNG WAH TRANSPORTATION CO.
Court

Court of First Instance
Case number

HCA1801/1993

The exemption clause was not proved to have been brought to the plaintiff's attention and therefore did not bind him; on the facts, by prior course of dealing and conduct the parties had accepted the risk of the lorry being parked in the street when unable to cross the border; plaintiff failed to prove on the balance of probabilities that defendant's negligence caused the loss; claim dismissed.

Hong Kong Case Law

SHEHZAD MOHAMMAD v. TIM FUNG STEAM LAUNDRY (SHATIN) CO LTD

GLOBENET DROID LTD v. HONG KONG HANG LUNG ELECTRONIC COMPANY (A FIRM)

MA YONG MEI v. CHENG MUK LAM

WELLTUS LTD v. FORNTON KNITTING CO LTD

KWONG MILE SERVICES LTD v. COMMISSIONER OF INLAND REVENUE

YIP SHEK WU t/a TAT LEE GARMENT FACTORY v. YUE TEI MAY t/a CHUNG WAH TRANSPORTATION CO.