Hong Kong Case Law: Decisions & Judgments

Topic

Conditional leave to defend

Legal area

Court

12 Feb 2026

CHUGAI PHARMA USA, INC. v. CHENG YAN AND OTHERS

Citation

[2026] HKCA 221
Court

Court of Appeal
Case number

CACV55/2025

The judge correctly concluded the appellant's pleaded case and affidavit evidence were not capable of belief given material inconsistencies, lack of contemporaneous documents linking the parties and transfers, and unanswered material queries; therefore there was no real prospect of a triable defence and summary judgment ordering return of the funds and declaring trusts was properly entered and should be affirmed.
25 Apr 2025

LIP CHUNG SHEK v. LEE WAI KWAN EDMUND

Citation

[2025] HKDC 679
Court

District Court
Case number

DCCJ4867/2023

Defendant's proposed appeal lacks reasonable prospect of success because the overpayment defence is shadowy and unsupported by particulars or evidence, the counterclaim is unquantified and implausible, no admissible evidence of financial incapacity was produced to justify admitting new evidence, and therefore conditional leave requiring payment into court stands; accordingly leave and stay are dismissed and costs awarded to Plaintiff.
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.
23 Jan 2025

LIP CHUNG SHEK v. LEE WAI KWAN EDMUND

Citation

[2025] HKDC 103
Court

District Court
Case number

DCCJ4867/2023

The defendant's duress/misrepresentation case lacked requisite particulars and was affirmatively undermined by his conduct (sworn declaration and periodic repayments); however disputes over historical payments and the relationship with a third party raise genuine triable issues on calculation of indebtedness; therefore conditional leave to defend granted subject to payment into court of HK$1,480,700 within 28 days and Master's order set aside.
25 Nov 2024

XUE XIAOYUN v. WU SHANG YING

Citation

[2024] HKCFI 2860
Court

Court of First Instance
Case number

HCA1823/2022

Because the defendant did not make full and frank disclosure and was clearly able to satisfy the sum, the court ordered the entire US$8,292,000 (received dividends) to be paid into court in staged payments and imposed restraints and procurement obligations as conditions for leave to defend; a charge over the disputed shares and separate security for costs were unnecessary given the imposed conditions.
4 Oct 2024

PA INVESTMENT FUNDS SPC acting on behalf of and for the account of PA FINANCE FUND SEGREGATED PORTFOLIO v. ABLAZE RICH INVESTMENTS LTD AND OTHERS

Citation

[2024] HKCFI 2718
Court

Court of First Instance
Case number

HCA1338/2022

Extension of time to appeal was refused because the defendants' delay was substantial and unexplained and caused real prejudice; the alleged PRC illegality did not make the Hong Kong governed Facility Agreement and Guarantee unenforceable on the evidence and legal principles in Ryder; defendants' illegality and money-lender defences were unarguable or shadowy and did not merit unconditional leave to defend or defeating summary disposal; accordingly the Notice of Appeal was dismissed and the prior judgment stands, with costs on indemnity basis provisionally ordered.
31 Jul 2024

XUE XIAOYUN v. WU SHANG YING

Citation

[2024] HKCFI 1776
Court

Court of First Instance
Case number

HCA1823/2022

The Declaration of trust is undisputed but the Defendant's pleaded oral Termination Agreement, although weak on the evidence, is not so inherently unbelievable as to be incapable of belief; the defence is shadowy rather than fanciful and therefore conditional leave to defend must be granted subject to specified conditions including disclosure of means and further affidavits; summary judgment is refused.
24 May 2024

HUANG LIDONG v. KWONG WING CHUNG

Citation

[2024] HKCA 465
Court

Court of Appeal
Case number

CAMP345/2023

Leave to appeal out of time was refused and the summons dismissed because the defendant's delay was substantial and unexplained, she failed to demonstrate real prospects of success on Grounds 2–4 (the proposed appeal lacked merit and the defence was shadowy), and granting leave would prejudice the plaintiff; consequential orders for costs and limitation on further oral reconsideration were made.
12 Apr 2024

美力高財務有限公司對黃港香

Citation

[2024] HKDC 572
Court

District Court
Case number

DCCJ3063/2022

The appeal is allowed because there are triable and material disputes of fact and law—notably whether the defendant actually received HKD600,000 or only HKD480,000 (supported by bank records) and whether the alleged HKD120,000 administrative deduction and resulting effective interest rate render the loan agreement unlawful—such disputes cannot properly be resolved on a summary judgment or by conditional leave with a deposit; the hearing officer's conditional order is therefore set aside and summary judgment, conditional leave to defend and interim payment are refused; costs to follow the appe…
13 Mar 2024

CLOUD ROSY VENTURES LTD v. SUN SHAOFENG AND ANOTHER

Citation

[2024] HKCA 250
Court

Court of Appeal
Case number

CACV105/2022

The Court of Appeal held the judge was correct to find that the 1st defendant’s evidence, in particular the contemporaneous undated receipt and disputed facts about Roy Cho’s authority, raised triable issues capable of supporting a defence of estoppel by convention; accordingly the refusal to grant summary judgment and the grant of unconditional leave to defend were upheld and the appeal dismissed.