Hong Kong Case Law: Decisions & Judgments

Topic

Default judgment under o.19 r.7

Legal area

Court

27 Oct 2025

BIZSTAR GLOBAL LTD v. CHINA ON SECURITIES LTD (Formerly known as CHINA FUND SECURITIES LTD)

Citation

[2025] HKCFI 5122
Court

Court of First Instance
Case number

HCA68/2020

On the face of the RASOC the plaintiff established a strong and obvious proprietary claim: the placing agent owed fiduciary/trust duties, breached them by unauthorised disposal of the shares, and the net placing proceeds were traceable into the defendant's DBS account; the defendant filed no defence and did not attend, and the SFC did not oppose the orders so long as other claims were abandoned and its Section 213 proceedings were protected — accordingly the court entered default judgment, declared the 1st Defendant holds HK$55,522,800 on trust for the Plaintiff, ordered payment/transfer with…
20 Jun 2024

SHAM SUN LAI, the administratrix of the estate of LAU CHUEN, deceased v. THE INCORPORATED OWNERS OF ERNEST COURT

Citation

[2024] HKDC 989
Court

District Court
Case number

DCCJ3924/2015

Default judgment was granted in favour of the deceased's estate (via the administratrix) to the extent of declaratory relief that the defendant's title, interest and/or right in the Wall Shop has been absolutely extinguished by virtue of sections 7(2) and 17 of the Limitation Ordinance and that the deceased had been in adverse possession of the Wall Shop for not less than 20 years and had thereby acquired an indefeasible possessory title; declarations in the plaintiff’s personal capacity and any order for registration of ownership were refused as unsustainable, owing to inconsistent pleading,…
16 May 2024

STEVE JAY SHIRE AND ANOTHER v. ZHAO YANLING

Citation

[2024] HKDC 776
Court

District Court
Case number

DCCJ3359/2023

On the pleaded facts, and having been properly served with no defence filed, the plaintiffs established unjust enrichment and entitlement to judgment; equity imposes a constructive trust on funds obtained by fraud so a proprietary declaration, tracing and transfer order followed, the pre-judgment injunction/Mareva order was continued for a limited period to aid enforcement, the claim for HK$107,232.67 was not pleaded as a cause of action and was refused, and an award of interest at prime plus 1% was refused for lack of pleading that the funds earned such interest.

Hong Kong Case Law

BIZSTAR GLOBAL LTD v. CHINA ON SECURITIES LTD (Formerly known as CHINA FUND SECURITIES LTD)

SHAM SUN LAI, the administratrix of the estate of LAU CHUEN, deceased v. THE INCORPORATED OWNERS OF ERNEST COURT

STEVE JAY SHIRE AND ANOTHER v. ZHAO YANLING