Hong Kong Case Law: Decisions & Judgments

Topic

Contractual interpretation

Legal area

Court

12 May 2026

COBO ASIA LTD AND ANOTHER v. LIANG TIANXIANG AND ANOTHER

Citation

[2026] HKCFI 2696
Court

Court of First Instance
Case number

HCA835/2022

Court found that the 2020 Board Resolutions (Resolution 1) cutting Company out of the supply chain for Family Products constituted a breach of fiduciary duties by the majority directors and was unfairly prejudicial; buy‑out remedy ordered (Cobo SPA to buy ECT’s 40% at fair market value). Further diversion claims (direct sales to major customers after premises closure) and competing business claims failed because the premises closure (20 Feb 2021–9 Jun 2022) caused operational paralysis and direct sales by Cobo SPA were justified. Restrictive covenants (Art 8.1 NCA/SHA) were void/unenforceable…
1 Apr 2026

MAJESTIC PLAN INTERNATIONAL LTD AND OTHERS v. JI CHANGQUN

Citation

[2026] HKCFI 1755
Court

Court of First Instance
Case number

HCA1494/2019

The court refused an unconditional stay because the defendant failed to demonstrate an overwhelmingly strong appeal or cogent evidence of irreparable deleterious effect; however, to balance interests and minimize prejudice to the successful plaintiffs, the court granted a stay of execution pending the appeal on the condition that the principal sums and accrued pre-judgment interest be paid into court within 21 days; costs ordered in the cause up to 13 February 2026 and defendant to pay plaintiffs' costs after that date, subject to summary assessment; defendant must lodge opposition to costs w…
3 Feb 2026

SMART EDGE LTD v. HG PROPERTY INVESTMENT HK LTD

Citation

[2026] HKCA 149
Court

Court of Appeal
Case number

CACV138/2023

The Court held that the Agreement's subject matter was the sale of shares and assignment of loans, not a sale of the Property; clause 11 and related provisions described the state of the Property at completion and did not impose an obligation on the shareholders to procure transfer of any proprietary interest or confer any registrable interest in the Property; consequently the Agreement, the Writ and the Amended Writ were not registrable instruments under the Land Registration Ordinance and were not lis pendens affecting the Property.
28 Jan 2026

WONG MEI YUE v. EFT PAYMENTS (ASIA) LTD AND ANOTHER

Citation

[2026] HKCFI 607
Court

Court of First Instance
Case number

HCA2060/2019

The Court construed the Agreement as obliging the Intermediary to introduce or procure merchants to use the Alipay payment service (not merely to introduce Alipay); Plaintiff never performed that obligation; accordingly Plaintiff’s claim for commission fails and is dismissed. The Court also found on the facts that the parties orally ceased cooperation in late December 2013, but (applying the higher threshold applicable to departing from a written termination clause) estoppel by representation was tentatively not made out; costs ordered against Plaintiff.
15 Oct 2025

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD (formerly known as CHIHO-TIANDE GROUP LTD) AND OTHERS

Citation

[2025] HKCFI 4739
Court

Court of First Instance
Case number

HCA2939/2016

On the balance of probabilities the Court found systematic under-invoicing and round-tripping sufficient to discredit major parts of the alleged cross-debts (HKM Metal and Chern debts) and concluded assignments were ineffective; Fang assumed fiduciary duties when he undertook to find buyers and possessed material non-disclosed information about USUM's investment, breached those duties by non-disclosure, causally leading to Delco receiving a depressed sale price; Delco entitled to equitable compensation (market-based assessment); CT's CB Undertaking did not impose an obligation to procure a pu…
27 Aug 2025

HUNG TAT A. I. GARMENT MACHINERY COMPANY LTD v. HONG KONG MELT BLOWING PRODUCTION COMPANY LTD AND ANOTHER

Citation

[2025] HKDC 1450
Court

District Court
Case number

DCCJ515/2022

Supplemental Agreement was a valid commercial compromise not procured by economic duress; plaintiff proved entitlement to the Welder Machine price; plaintiff breached the Maintenance Obligation from 16 January 2021 but 2nd defendant failed to prove causation for third-party compensations; damages awarded only for replacement gear ($3,000) and Welder Machine ($3,500); SPA Balance and other claims dismissed.
4 Jul 2025

LEE CHEUK LAM v. TAI PING CARPETS LTD

Citation

[2025] HKCFI 2733
Court

Court of First Instance
Case number

HCLA3/2023

The appeal was allowed in part because the Presiding Officer erred in law by adopting an overly simplistic approach to characterising the extra-work payments as non-wages and failing to investigate whether the employment contract had been modified or a collateral/implied agreement formed by the CFO's approval; the matter of deduction of wages, unpaid overtime and interest is remitted to the Labour Tribunal for retrial and fresh factual findings, while the claim for increased annual leave was dismissed because the employment contract entitled the claimant to 16 days only.
30 Jun 2025

CHAN CHUN KUEN AND ANOTHER v. GANG PIAO JIA LTD AND ANOTHER

Citation

[2025] HKCFI 2781
Court

Court of First Instance
Case number

HCA2783/2018

The court held that the buyback right in Clauses 3.12 and 4.3 is enforceable and not subject to the alleged condition precedents; GPJ failed to prove consensual termination at the October 2016 meeting; Chan is entitled to specific performance for the repurchase at HK$2,000,000; Lau did not validly resign and remained a director and breached fiduciary duties by operating a competing business and must account for profits and be restrained.
8 Apr 2025

FU QIKE v. CHINA FIRST CAPITAL GROUP LTD

Citation

[2025] HKCFI 1441
Court

Court of First Instance
Case number

HCCW559/2023

On the evidence and contractual matrix (placing agreement, placing letter, customer agreement, register entries, supplemental deed poll and Ordinary Resolution) the Court concluded Yin is a registered bondholder and has locus to present the winding-up petition; the Company failed to show a bona fide dispute on substantial grounds as to Yin's and Wu's debts; Wu has locus by virtue of the Enforcement Order converting the arbitral award into a judgment debt; accordingly the Court acceded to the substitution applications and ordered the petition relisted before Master and costs against the Compan…
3 Mar 2025

ABERDEEN COMMERCIAL INVESTMENTS LTD v. THE SECRETARY FOR JUSTICE

Citation

[2025] HKCA 145
Court

Court of Appeal
Case number

CACV128/2024

On true construction the Layout Covenant's reference to the 'nature of the buildings' concerns the general physical form and layout of buildings rather than specific user permissions; the 'Shop & Cinema' notation on the Final Layout Plan is descriptive not prescriptive and therefore does not impose an additional user restriction requiring the Director's prior written consent for use as an RCHE.