Hong Kong Case Law: Decisions & Judgments

Topic

Conspiracy (tort)

Legal area

Court

18 Feb 2022

HYPERTEC SYSTEMS INC. v. YIFIM LTD AND ANOTHER

Citation

[2022] HKCFI 482
Court

Court of First Instance
Case number

HCA1308/2021

The court accepted that on the pleaded and proved facts a constructive trust arose by operation of law over the sums transferred by fraud and that those sums were traced to specified balances in the defendants' Hong Kong bank accounts; section 52(1)(e) of the Trustee Ordinance applies to such constructive trusts and authorises vesting of the right to sue for and recover the thing in action in the plaintiff where it is expedient and necessary to enable recovery; service on the defendants at their registered offices was valid; accordingly default judgment with declaratory relief and monetary ju…
8 Nov 2021

SECURITIES AND FUTURES COMMISSION v. ISIDOR SUBOTIC AND OTHERS

Citation

[2021] HKCFI 3350
Court

Court of First Instance
Case number

HCA1277/2019

The court found the SFC's claim is in the nature of a tort and that the issues as to application of tort/conspiracy principles to SFO claims and the extraterritorial effect are arguable and of general public importance, meriting leave to appeal limited to grounds 2-5 (Gateway F). Leave in respect of Gateway B was refused because even if an injunction gateway exists, SFC must still satisfy Gateway F for claims other than an injunction. The stay was refused as success on Gateway F would not render the injunction claim moot. Costs were varied because SFC failed to serve the costs statement; the…
16 Sept 2009

BERTE Narcisco Jr. Espejon v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

Citation

BERTE Narcisco Jr. Espejon v. COMPASS TECHNOLOGY CO LTD AND ANOTHER
Court

District Court
Case number

DCCJ3501/2008

Leave to appeal was granted because the court could not rule out a reasonable prospect of success on the key issue whether employees who participated in the conspiracy may nonetheless maintain a conspiracy tort claim based on losses flowing from the principal conspiracy; a stay of proceedings was appropriate after balancing prejudice and case management considerations to preserve the status quo pending appeal, given potential abuse of process and public funding implications; costs ordered in the cause with certificate for counsel and employees' costs subject to legal aid taxation.
16 Sept 2009

CORNEL Antonio JR. Belandres v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

Citation

CORNEL Antonio JR. Belandres v. COMPASS TECHNOLOGY CO LTD AND ANOTHER
Court

District Court
Case number

DCCJ3504/2008

Leave to appeal was granted because the appeal raised non-trivial issues about the viability of a conspiracy tort brought by alleged co-conspirators and the pleadings could not be ruled out as having a reasonable prospect of success; proceedings were stayed pending determination of the appeal because continuation risked wasted costs and potential abuse of process, and the balance of convenience favoured maintaining the status quo with liberty to apply.
20 Oct 1993

AKTIESELSKABET DANSK SKIBSFINANSIERING v. WHEELOCK MARDEN & CO. LTD. and Others

Citation

AKTIESELSKABET DANSK SKIBSFINANSIERING v. WHEELOCK MARDEN & CO. LTD. and Others
Court

Court of First Instance
Case number

HCA1670/1989

The court held that the conspiracy and most misrepresentation allegations were pleaded with sufficient particularity to survive strike out (defendants had adequate notice of the case to meet), but the alternative pleaded cause of action alleging 'other fraudulent purposes' (paragraph 28 and related part of 30) was speculative and lacked sufficient particulars and was struck out; discovery and production of the specified documents was refused as not necessary; numerous further and better particulars were ordered where denials or pleadings were ambiguous.

Hong Kong Case Law

HYPERTEC SYSTEMS INC. v. YIFIM LTD AND ANOTHER

SECURITIES AND FUTURES COMMISSION v. ISIDOR SUBOTIC AND OTHERS

BERTE Narcisco Jr. Espejon v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

CORNEL Antonio JR. Belandres v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

AKTIESELSKABET DANSK SKIBSFINANSIERING v. WHEELOCK MARDEN & CO. LTD. and Others