Hong Kong Case Law: Decisions & Judgments

Topic

Business transfer

Legal area

Court

2 Feb 2024

KWOK SUI KING v. YIM YUK LEUNG

Citation

[2024] HKDC 210
Court

District Court
Case number

DCCJ2082/2020

Court preferred plaintiff's and PW2's evidence over defendant's and found defendant knowingly and falsely represented that valid licences existed and would be transferred; 'right to operate' (經營權) in the Transfer Agreement, viewed in its factual context, includes transfer of necessary licences; an implied term to that effect was necessary for business efficacy and existed; defendant breached that implied term; plaintiff entitled to damages of HKD 654,777; defendant's counterclaim for outstanding HKD 120,000 dismissed.
15 Dec 2021

CHEUNG KA FAI v. FONG CHOW WO t/a SHING CHEONG RESTAURANT AND ANOTHER

Citation

[2021] HKDC 1549
Court

District Court
Case number

DCEC859/2019

The applicant provided sufficient evidence to materially implicate Fung and showed a reasonable excuse for the 10-month delay because the alleged transfer only became apparent after the 1st respondent's pleadings and business registration records were not updated; there was no demonstrable prejudice or procedural impropriety from joinder, therefore leave to join Fung out of time was granted.
2 Jan 2001

YEUNG YIN v. TANG CHI HO

Citation

YEUNG YIN v. TANG CHI HO
Court

District Court
Case number

DCCJ26261/1998

Defendant failed to prove on the balance of probabilities that most of the claimed fitting expenses were occasioned by licensing requirements; only specific items were allowed as deductible ($20,950.00). Plaintiff entitled to reimbursement of disbursements ($24,630.00). Judgment entered for the Plaintiff for $93,647.50 with interest; Defendant's counterclaim dismissed; costs to Plaintiff nisi.

Hong Kong Case Law

KWOK SUI KING v. YIM YUK LEUNG

CHEUNG KA FAI v. FONG CHOW WO t/a SHING CHEONG RESTAURANT AND ANOTHER

YEUNG YIN v. TANG CHI HO