Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Causation in loss claims

Legal area

Court

9 Sept 2022

BONDS & SONS INTERNATIONAL LTD v. CITIBANK, N.A.

Citation

[2022] HKCA 1341
Court

Court of Appeal
Case number

CACV485/2018

Clause 5.1 of the MDA did not incorporate the SFC Code so as to impose enforceable contractual advisory duties; on the facts and in context of the contractual disclaimers (MDA, RDS, General Terms, Confirmations and TIPs) Citibank did not assume a common law duty to advise Shine Grace on suitability and MTM exposure; disclosures were adequate; causation not established and the judge’s factual findings were not plainly wrong; BSI’s termination instructions were suspended by Ms Lai (who had authority) and therefore guarantees were not terminated.
13 Nov 2007

KO HON YUE v. LIU CHING LEUNG AND OTHERS

Citation

KO HON YUE v. LIU CHING LEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA3494/2003

Regulation 76, read in the context and structure of the Education Ordinance and Regulations, was intended as part of a regulatory scheme for the public benefit and does not give teachers a private right of action for breach; the proposed amendment to add a breach of statutory duty claim was therefore unarguable and futile and was refused, also because the pleaded loss was not caused by any breach of Regulation 76 but by the alleged wrongful termination.