Hong Kong Case Law: Decisions & Judgments

Topic

Conversion of goods

Legal area

Court

29 Jun 2016

NEWOCEAN PETROLEUM CO LTD v. O.W.BUNKER CHINA LTD (in liquidation) AND OTHERS

Citation

NEWOCEAN PETROLEUM CO LTD v. O.W.BUNKER CHINA LTD (in liquidation) AND OTHERS
Court

Court of First Instance
Case number

HCA384/2015

Leave to serve out was correctly granted in respect of the conversion claim under Order 11(1)(f) because there was a good arguable case that title remained with the plaintiff and acts inconsistent with that title occurred in Hong Kong, and there was a serious issue to be tried; however the plaintiff failed to show a good arguable case that the defendants were counterparties to the plaintiff–OW China contract (through agency or otherwise) and therefore leave under Order 11(1)(d) to bring contract-based relief against the defendants was set aside; arbitration clause in the 3rd defendant–OW Sing…
10 Mar 2011

TAKASHI HOLDING LTD v. LO CHAP FAI t/a Y&H TRADING CO AND OTHERS

Citation

TAKASHI HOLDING LTD v. LO CHAP FAI t/a Y&H TRADING CO AND OTHERS
Court

District Court
Case number

DCCJ6317/2006

The court preferred and accepted the plaintiff's evidence, found the defendants had caused the names on original bills of lading to be changed and sold the goods without plaintiff's consent, and the defendants failed to prove the asserted US$25,000 debt or existence of a binding tri‑party settlement; accordingly defendants were liable to pay the plaintiff specified sums, interest and costs.
8 Feb 2011

FORSA MULTIMEDIA LTD v. C&C LOGISTICS (HK) LTD

Citation

FORSA MULTIMEDIA LTD v. C&C LOGISTICS (HK) LTD
Court

District Court
Case number

DCCJ3467/2009

The Bill was properly characterised as a bill of lading but the shipper Daesan validly waived the presentation requirement by unambiguous written instructions to C&C dated 29 November 2008; C&C, as agent/bailee, was obliged to follow those instructions and its refusal to deliver and shipment of the goods to World Road amounted to conversion, entitling Forsa to judgment for the value of the goods.
8 Mar 2001

PANASONIC SH INDUSTRIAL SALES (SHENZHEN) CO. LTD. v. LIN YOUNG CAI AND OTHERS

Citation

PANASONIC SH INDUSTRIAL SALES (SHENZHEN) CO. LTD. v. LIN YOUNG CAI AND OTHERS
Court

Court of First Instance
Case number

HCA7203/1998

The court found on the evidence that D1 breached his fiduciary duties by diverting customer payments to companies he controlled; D2 and D4 knowingly and dishonestly assisted and received the diverted monies and are therefore liable in equity to remedy the plaintiff's loss and to account for monies and secret profits; D4 converted 54 cartons valued at JPY2,708,800.00; judgment was entered against D2 and D4 for the outstanding invoices (JPY115,287,628.00 and US$11,220.00 or HKD equivalent minus recovered HK$179,999.34), orders for accounts and restitution, interest and costs, and a separate con…
19 Dec 1985

ALLEN R. MOORJANI t/a SITA\'S CLOTHIERS GOLF AND SPORT SHOP v. J A S FORWARDING (H.K.) LIMITED

Citation

ALLEN R. MOORJANI t/a SITA\'S CLOTHIERS GOLF AND SPORT SHOP v. J A S FORWARDING (H.K.) LIMITED
Court

Court of First Instance
Case number

HCA6978/1984

Contemporaneous documentary evidence and credible witness testimony established that goods were sold to two purchasers and legitimately released to clearing agents via JAS(WA); the plaintiff fabricated a bill of lading and sought to alter insurance documentation, destroying his credibility; on those findings defendant was not liable and judgment was entered for the defendant.

Hong Kong Case Law

NEWOCEAN PETROLEUM CO LTD v. O.W.BUNKER CHINA LTD (in liquidation) AND OTHERS

TAKASHI HOLDING LTD v. LO CHAP FAI t/a Y&H TRADING CO AND OTHERS

FORSA MULTIMEDIA LTD v. C&C LOGISTICS (HK) LTD

PANASONIC SH INDUSTRIAL SALES (SHENZHEN) CO. LTD. v. LIN YOUNG CAI AND OTHERS

ALLEN R. MOORJANI t/a SITA\'S CLOTHIERS GOLF AND SPORT SHOP v. J A S FORWARDING (H.K.) LIMITED