Hong Kong Case Law: Decisions & Judgments

Topic

Duress/undue influence

Legal area

Court

15 Aug 2017

CHAN YUK BUN v. TSOI YAN YEE LILY AND ANOTHER

Citation

CHAN YUK BUN v. TSOI YAN YEE LILY AND ANOTHER
Court

Court of First Instance
Case number

HCA1153/2014

The court accepted the plaintiff's evidence that the loans were advanced out of friendship and inherited funds and found she was not carrying on a money‑lending business; therefore the loan agreements were enforceable. The 2nd defendant, having signed as guarantor, was liable because no pleaded or credible duress/undue influence was established. Judgment was entered for the plaintiff for the stated sums with interest and costs.
21 Apr 2017

HUANG YU HUI v. ZHENG SHIZHI (ALSO KNOWN AS ZHENG SHIZHI)

Citation

HUANG YU HUI v. ZHENG SHIZHI (ALSO KNOWN AS ZHENG SHIZHI)
Court

Court of First Instance
Case number

HCA646/2015

The court held that O 86 r 4(1) permits consideration of unsworn material in exceptional circumstances and that the defendant's Letter, together with explanations for nonattendance, was admissible and weighty enough to raise triable issues as to constructive knowledge and duress; the appeal had no reasonable prospect of success and leave to appeal was refused; costs were ordered to the defendant.
23 Nov 2012

SMARTIE PRODUCTION CO v. COVERMAGAZINE HK LTD

Citation

SMARTIE PRODUCTION CO v. COVERMAGAZINE HK LTD
Court

District Court
Case number

DCCJ995/2011

The court accepted the plaintiff's evidence, rejected the defendant's duress allegation as unproven and implausible, held the two cheques represented sums due to the plaintiff, awarded judgment for HK$250,000, and applied section 57(a)(ii) of the Bills of Exchange Ordinance to award interest and ordered costs to the plaintiff.
26 May 2011

ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD v. ING YIM LEUNG, ALEXANDER AND OTHERS

Citation

ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD v. ING YIM LEUNG, ALEXANDER AND OTHERS
Court

Court of First Instance
Case number

HCMP196/2011

The Court held that a binding oral settlement was made when the 2nd Defendant, through his counsel in open court, accepted the Plaintiff's drop-hands offer; that acceptance merged the causes of action into the settlement and authorised the judge to make the consent order discharging the Mareva and Anton Piller undertakings and releasing the HK$5,000,000; allegations of duress, undue influence or judicial bias were insufficient to set aside the settlement; the application for leave was dismissed and costs were awarded against the 2nd Defendant.
11 Dec 2006

TSUI NING, JACKY v. WONG YAT SUN AND OTHERS

Citation

TSUI NING, JACKY v. WONG YAT SUN AND OTHERS
Court

Court of First Instance
Case number

HCA2279/2002

The Court found the Minute of 31 January 2002 authentic on the balance of probabilities (accepting the defendant's expert), concluded the Plaintiff voluntarily gifted the 38A business by his letter of 1 February 2002 and resigned from relevant boards, rejected the claim of duress and deliberate substitution of pages, and therefore dismissed the Plaintiff's claims while reserving the accounting and quantification of damages for later.
28 Jul 2004

RE MAK KAM MUN

Citation

RE MAK KAM MUN
Court

Court of First Instance
Case number

HCB8607/2001

The stay under s9(5) was removed and the petitions dismissed because there was a material change of circumstances (no realistic prospect of criminal prosecution and substantial unexplained delay in civil proceedings), the prolonged retention of security and stay caused significant prejudice to the debtors, the alleged debt was disputed and partially covered by payment into court, and the proper forum to resolve disputed liability is the civil court rather than the bankruptcy jurisdiction.

Hong Kong Case Law

CHAN YUK BUN v. TSOI YAN YEE LILY AND ANOTHER

HUANG YU HUI v. ZHENG SHIZHI (ALSO KNOWN AS ZHENG SHIZHI)

SMARTIE PRODUCTION CO v. COVERMAGAZINE HK LTD

ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD v. ING YIM LEUNG, ALEXANDER AND OTHERS

TSUI NING, JACKY v. WONG YAT SUN AND OTHERS

RE MAK KAM MUN