Hong Kong Case Law: Decisions & Judgments

Topic

Common mistake

Legal area

Court

6 Jan 2026

TOTAL TREASURE DEVELOPMENT LTD AND ANOTHER v. RHT INDUSTRIES LTD

Citation

[2026] HKCFI 53
Court

Court of First Instance
Case number

HCA1746/2024

Appeal allowed because the defendant established a reasonably arguable triable issue: it is reasonably arguable that an implied term or limitation requires plaintiffs to exercise repurchase rights at or within a reasonable time of entitlement, and the question of reasonableness is fact-sensitive and cannot be resolved on summary judgment; accordingly unconditional leave to defend was granted and the application to adduce fresh evidence was refused under Ladd v Marshall.
15 Apr 2025

RE MOK TSAN SAN

Citation

[2025] HKCFI 499
Court

Court of First Instance
Case number

HCB5428/2024

The debtor failed to discharge the burden of demonstrating a bona fide dispute on substantial grounds: the common mistake plea failed because non‑completion of the mortgagee sale did not render performance impossible nor void the Facility Agreement and the contract contemplated such risks and provided specific consequences (ATE clause and guarantor obligations); the ATE had in any event occurred as evidenced by the ATE Notice; allegations and other litigations do not amount to a substantiated defence to the Demanded Sum. Consequently a bankruptcy order was appropriate and the petitioners are…
11 Apr 2025

RE FAMEWAY FINANCE LTD

Citation

[2025] HKCFI 1477
Court

Court of First Instance
Case number

HCCW620/2024

The Facility Agreement and related security documents contained express contractual allocations of risk (representations and default clauses) that placed the risk of invalidity of the Fameway Loan Agreement and Fameway Mortgage on the Company; no common mistake was established; the Fameway Sub-mortgage provided no reasonable security given the legal uncertainty and likely nil/realisable value; accordingly the petitioning secured creditor was not required to wait and a usual winding-up order was appropriate at the first hearing.
28 Mar 2025

CHOI HONG YING AND ANOTHER v. TSOI KWOK WAI AND ANOTHER

Citation

[2025] HKCFI 1279
Court

Court of First Instance
Case number

HCA82/2024

Summary judgment was refused. The court found plaintiffs had a compelling case of common mistake but not to the exclusion of a realistic contrary argument arising from the construction of the 2005 Confirmation and 2013 Agreement and possible trust or contract claims against the Company and unresolved implications of the Mainland judgments. Defendants demonstrated only a shadowy defence; accordingly the court granted conditional leave to defend on terms protecting the shares pending trial and ordered costs accordingly.
12 Mar 2025

LEE ON WAI v. ATHORA LUX INVEST S.C.SP. - LOAN ORIGINATION AND ANOTHER

Citation

[2025] HKCFI 1036
Court

Court of First Instance
Case number

HCSD7/2024

Applicant failed to adduce credible evidence of a substantial dispute on liability or of a common mistake; the SDs sufficiently identified the basis of the debt and were validly served through the Agent; contractual clauses allocate risk to guarantors and waive defenses; residual discretion did not require intervention; late affidavit was inadmissible and would not have changed the outcome; application dismissed and creditors authorized to present bankruptcy petitions.
5 Nov 2024

LEUNG KAM LIN by her next friend LEUNG WAI MAN v. CHENG MEI WA

Citation

[2024] HKDC 1849
Court

District Court
Case number

DCCJ877/2022

The court awarded damages to restore the plaintiff to the position she would have been in absent the void tenancy: market rent for the occupation period (HK$183,470.96) less payments received (HK$28,000) = HK$155,470.96 for use and occupation, plus indemnity for unpaid utilities (HK$1,464.10) and recoverable consequential expenditure (HK$15,100.00), totaling HK$172,035.06, with interest from the date of writ at HSBC best lending rate plus 1% until judgment and judgment rate thereafter, and costs summarily assessed at HK$82,795.
5 May 2023

LAU WAI KWONG v. LAU CHEUNG KAM LING MARGARET née CHEUNG, KAM LING MARGARET

Citation

[2023] HKCFI 1097
Court

Court of First Instance
Case number

HCA2085/2017

The court dismissed the rectification claim because there was no objective common continuing intention to divide the Matrimonial Home 50:50 at the time of execution (the earlier in‑principle agreement had been overtaken by subsequent negotiations and alternative proposals) and unilateral mistake failed because there was insufficient evidence that the defendant or her lawyers knew of the claimant's mistake at execution; the counterclaim failed because the obligations in K(i) and K(ii) were interdependent and effectively put on hold pending resolution of the construction dispute, and because an…
16 Mar 2023

YIP KA YEE v. LEI I SI

Citation

[2023] HKDC 429
Court

District Court
Case number

DCMP1920/2022

The defendant was obliged under the provisional S&P to show, prove and give good title notwithstanding the absence of a formal S&P; she failed to answer requisitions and to give title, the defence of common mistake failed, the plaintiff validly accepted repudiation, and the plaintiff is entitled to liquidated damages equal to the deposit, agent commission under clause 13(a) and assessed costs with interest.
27 Apr 2022

SOSHILA KESWANI v. MOTIRAM KESWANI

Citation

[2022] HKCA 543
Court

Court of Appeal
Case number

CACV26/2020

The Court allowed the appeal: the judge erred in finding non est factum was established because the defendant was negligent in signing; the trial judge made material errors in assessing evidence and drawing adverse inferences (including reliance on an ineffective 1961 will and unjustified failure-to-call inference regarding the solicitor); the Deed and Assignment are joint instruments and a declaration voiding them could not properly be granted as between only two parties without joinder of all affected parties and the executor capacity; section 18 Limitation Ordinance did not bar the plainti…
3 Jan 2022

RE LEADER, JOHN ROGER ALSO KNOWN AS ROGER LEADER

Citation

[2022] HKCFI 11
Court

Court of First Instance
Case number

HCB1015/2021

The Debtor failed to establish a bona fide dispute on substantial grounds: his evidence as to unilateral or common mistake was insufficient, uncorroborated and not believable; signature and the written SHA bind the parties; Clause 10 created a liquidated sum of HK$1,020,000 payable in cash at completion which crystallised on the completion date specified in the exercise notice (7 July 2020). Consequently the bankruptcy petition was maintainable and a bankruptcy order was granted.