Hong Kong Case Law: Decisions & Judgments

Topic

Damages and indemnity

Legal area

Court

25 Apr 2017

ELITE DRAGON LTD v. BEL GLOBAL RESOURCES HOLDINGS LTD

Citation

ELITE DRAGON LTD v. BEL GLOBAL RESOURCES HOLDINGS LTD
Court

Court of First Instance
Case number

HCCL8/2014

The BN Statement contained material misrepresentations: shipments 2,5 and 6 were fictitious and shipments 4 and 7 were not from the Mine as defined in the Acquisition Agreement. Clause 3.5 does not render an invalid or non-conforming Draft Quarterly Supply Statement conclusive; the Draft must comply with the definition of Mineral Resources (nickel from the Mine). Stephen knew the BN Statement was false and procured its presentation; Sunny, responsible for mining finance, either knew or was recklessly blind to the falsity and breached fiduciary duties. Consequently BG was entitled to rescind t…
18 Jul 2012

CHINA RESOURCES PROPERTY MANAGEMENT LTD v. MAX MERIT LTD

Citation

CHINA RESOURCES PROPERTY MANAGEMENT LTD v. MAX MERIT LTD
Court

District Court
Case number

DCCJ2012/2010

Defendant breached clause 18 by failing to replace 14 damaged aluminium ceiling panels and is liable to indemnify plaintiff for replacement costs (HK$140,000). The ceiling fans and spotlights were chattels not fixtures and clause 5 was not breached. Late-disclosed photographs and project documents were inadmissible. Plaintiff was not entitled to forfeit the deposit; defendant entitled to balance return of HK$70,203.36. Costs and interest ordered accordingly.
19 Jun 2012

LIEU TSENG VAN v. JIUZHOU DEVELOPMENT CO LTD

Citation

LIEU TSENG VAN v. JIUZHOU DEVELOPMENT CO LTD
Court

Court of First Instance
Case number

HCA1645/2009

The Framework Agreement and the parties' subsequent conduct extended the time for due diligence and the life of the Framework Agreement; the earnest money was not a forfeitable deposit but repayable on demand; JZD validly demanded repayment (27 May 2009) and, after Lieu and Chen failed to repay, an event of default arose under the share charge entitling JZD to enforce the share charge, appoint receivers and enforce the Loan Assignment; accordingly JZD wins on its counterclaim and Lieu's confidentiality damages claims fail.
15 Oct 2009

WONG SING v. WONG CHUN WAI

Citation

WONG SING v. WONG CHUN WAI
Court

Court of First Instance
Case number

HCA1872/2005

The presumption of advancement applied in favour of the defendant as the plaintiff's son; the plaintiff could not rely on a resulting trust because his case depended on an illegality (structuring purchases to save stamp duty) which barred reliance on the presumption of resulting trust; factual findings established the plaintiff intended to make a gift to the defendant; therefore the defendant is sole beneficial owner and the plaintiff's lis pendens registration was wrongful, entitling the defendant to damages and indemnity.
13 Dec 1994

GALCO INTERNATIONAL TOYS N.V. v. KADER INDUSTRIAL CO. LTD.

Citation

GALCO INTERNATIONAL TOYS N.V. v. KADER INDUSTRIAL CO. LTD.
Court

Court of First Instance
Case number

HCA250/1991

Both applications to amend were allowed because the proposed amendments did not introduce matters radically new nor cause substantial prejudice such as to require adjournment; existing pleadings had put the same issues in play (notably the Standards and the water-testing instruction) and the court retained discretion over expert evidence and trial management, so justice did not require refusal of leave.

Hong Kong Case Law

ELITE DRAGON LTD v. BEL GLOBAL RESOURCES HOLDINGS LTD

CHINA RESOURCES PROPERTY MANAGEMENT LTD v. MAX MERIT LTD

LIEU TSENG VAN v. JIUZHOU DEVELOPMENT CO LTD

WONG SING v. WONG CHUN WAI

GALCO INTERNATIONAL TOYS N.V. v. KADER INDUSTRIAL CO. LTD.