Hong Kong Case Law: Decisions & Judgments

Topic

Duress and misrepresentation

Legal area

Court

13 Feb 2025

THE HONG KONG SETTLERS HOUSING CORPORATION LTD v. LEE SOO SHIM

Citation

[2025] HKDC 241
Court

District Court
Case number

DCCJ42/2024

Despite an almost eight-month unexplained delay, the Time Summons was allowed because the prejudice to the plaintiff was not significant in the overall redevelopment context and the defendant advanced a reasonably arguable defence (overlapping with the judicial review and challenging the validity/exercise of power to enter the Settlement Agreement), making it an appropriate exercise of judicial discretion to grant extension; costs of the application were ordered against the defendant.
6 Jan 2023

CELEBRITY CREDIT LTD v. KOO SAU CHUN

Citation

[2023] HKCFI 31
Court

Court of First Instance
Case number

HCMP312/2020

The appeal is dismissed. The court found no credible evidence of collusion or coercion, the alleged prepayment charge was not established on the balance of probabilities, copies of the loan documents were provided to the Defendant, and statutory breaches either did not operate to render the contract unenforceable or were remediable by the court’s discretionary powers under the Money Lenders Ordinance. The Master’s orders including recovery of the principal with interest at 13% p.a. and indemnity costs are affirmed.
8 Jul 2021

HKSAR v. CHAN YIP FAI

Citation

[2021] HKCFI 2037
Court

Court of First Instance
Case number

HCCC165/2020

The court found the plea was unequivocal, voluntary and informed; the defendant's later claim that he believed the parcel contained turtles was not credible in light of prior submissions, communications and legal advice; therefore the plea was not vitiated by fundamental mistake or lack of deliberation and the application to reverse the plea was refused as not in the interests of justice.
19 Oct 2018

HKSAR v. KHAN ASIF ALI

Citation

[2018] HKCFI 2359
Court

Court of First Instance
Case number

HCCC236/2017

Judge accepted evidence of defence solicitors and counsel as truthful, rejected defendant's account as implausible; found defendant was advised that pleading guilty admitted knowledge, had contemplated and chosen a guilty plea to obtain sentencing discount, and therefore the plea was voluntary, informed and not vitiated; application to withdraw plea refused.
26 Jun 2015

HAU HON SHEK v. CHUNG FU CHEUNG

Citation

HAU HON SHEK v. CHUNG FU CHEUNG
Court

Court of First Instance
Case number

HCA1731/2011

Defendant failed to prove that CS Tse had authority (actual or ostensible) to sell the property on behalf of the plaintiff and failed to establish the alleged Oral SP Agreement; powers relied on were obtained by mistake or duress; defendant's possession was unlawful trespass; therefore judgment for plaintiff, dismissal of defendant's counterclaim and award of mesne profits and recovery orders.
5 Dec 2003

廣東匯立投資有限公司 v. WONG MAN PAN

Citation

廣東匯立投資有限公司 v. WONG MAN PAN
Court

Court of First Instance
Case number

HCA10027/2000

The document is a contract of indemnity governed by Hong Kong law and is enforceable in Hong Kong regardless of the alleged illegality of the underlying Mainland loan; the indemnity was given as part of the same transaction (valid consideration) and there was no proven duress or misrepresentation, therefore the Plaintiff is entitled to judgment for the specified outstanding sum with contractual interest and costs on an indemnity basis.

Hong Kong Case Law

THE HONG KONG SETTLERS HOUSING CORPORATION LTD v. LEE SOO SHIM

CELEBRITY CREDIT LTD v. KOO SAU CHUN

HKSAR v. CHAN YIP FAI

HKSAR v. KHAN ASIF ALI

HAU HON SHEK v. CHUNG FU CHEUNG

廣東匯立投資有限公司 v. WONG MAN PAN