Hong Kong Case Law: Decisions & Judgments

Topic

Conversion and detinue

Legal area

Court

4 Jan 2024

RICHWAY LEGEND LTD v. HOUTAI INVESTMENT HOLDINGS LTD

Citation

[2024] HKCFI 71
Court

Court of First Instance
Case number

HCA243/2022

The stay application was dismissed because the dispute over passing of title under the SPA is a discrete contractual issue between HT and Richway not covered by the arbitration clause in the Sub-subcontract, there is no mandatory stay under s20 as between HT and Richway, and proceeding to trial will resolve rights between those parties without prejudice or risk of inconsistent judgments.
8 Oct 2013

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS

Citation

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS
Court

Court of First Instance
Case number

HCA156/2010

The judge dismissed the appeal as to Yih but allowed the appeal as to MGHK: the master’s order requiring security from MGB in favour of MGHK was set aside because there existed real triable disputes (contractual lien/set-off) and evidence supporting MGB's contention of a net credit such that ordering security was unjust; by contrast the claim against Yih raised distinct issues justifying security for costs as ordered by the master.
7 Jan 2013

EMAGIST ENTERTAINMENT LTD v. NETHER GAMES (HONG KONG) LTD AND OTHERS

Citation

EMAGIST ENTERTAINMENT LTD v. NETHER GAMES (HONG KONG) LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1659/2012

There was a serious question to be tried on ownership but documentary evidence (payroll/MPF/enrolment forms and conduct) supported the plaintiff's case that the developers were employees or otherwise that the plaintiff had proprietary entitlement; defendants acted covertly to migrate and control source code and essential databases during the majority shareholder's absence and thus took the law into their own hands; the balance of convenience favoured granting both mandatory and prohibitory interlocutory injunctions to restore control to the plaintiff subject to a fortified undertaking (HK$23,…
31 Mar 2009

LAU KING TING KATIE v. CHENG MIU HAR STELLA AND OTHERS

Citation

LAU KING TING KATIE v. CHENG MIU HAR STELLA AND OTHERS
Court

Court of First Instance
Case number

HCA1049/2007

The Share Deed was a recent fabrication by Edmund: forensic inconsistencies (execution page typed on different machine and matching the Belcher's Deed execution page), implausible chronology, documentary impressions and witness credibility established forgery; therefore no trust existed, the Share Deed is null and void, the plaintiffs' claim fails, and defendants' counterclaim for damages caused by the wrongful lis pendens succeeds; discretionary relief to set aside company resolutions was refused as futile given Stella's majority control; exemplary damages were refused as not justified.
18 Dec 1998

KEEN LLOYD LTD. AND OTHERS v. SAM KEE LIGHTERING AND TRANSPORT CO. LTD. AND OTHERS

Citation

KEEN LLOYD LTD. AND OTHERS v. SAM KEE LIGHTERING AND TRANSPORT CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCCL166/1993

The court found the proposed amendments (paras 3A, 6A and 9 as clarified) arise out of the same or substantially the same facts as existing causes of action and that in all the circumstances it is just to grant leave to re‑amend; paragraph 9 was rendered acceptable by the added clarificatory sentence expressly denying any intention to sue as assignee, removing risk of introducing a new cause of action; minimal prejudice to defendants and the Commercial Court's procedural approach justify allowing the amendments and giving consequential directions.

Hong Kong Case Law

RICHWAY LEGEND LTD v. HOUTAI INVESTMENT HOLDINGS LTD

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS

EMAGIST ENTERTAINMENT LTD v. NETHER GAMES (HONG KONG) LTD AND OTHERS

LAU KING TING KATIE v. CHENG MIU HAR STELLA AND OTHERS

KEEN LLOYD LTD. AND OTHERS v. SAM KEE LIGHTERING AND TRANSPORT CO. LTD. AND OTHERS