Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Economic tort

  • 17 Mar 2010

    BERTE NARCISO JR. ESPEJON v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

    Citation
    BERTE NARCISO JR. ESPEJON v. COMPASS TECHNOLOGY CO LTD AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV213/2009

    The Amended Statements of Claim failed to plead essential elements of the unlawful means conspiracy (in particular the requisite intention to injure and the loss causally caused by the conspiracy), the plaintiffs' later alternative case was not pleaded and was inconsistent with their evidence and prior claims, and there was no realistic prospect of curing the defects by amendment; therefore the pleadings were demurrable and the actions were struck out and dismissed.

  • 17 Mar 2010

    OGDAMIN ROEL MARK FRANCO v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

    Citation
    OGDAMIN ROEL MARK FRANCO v. COMPASS TECHNOLOGY CO LTD AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV215/2009

    The Amended Statements of Claim failed to plead essential elements of the tort of conspiracy to injure (the requisite intention to injure and the causative loss), the plaintiffs' late recharacterisation of their cause of action was unsupported by pleadings and contradicted by their own evidence and prior proceedings, and there was no realistic prospect of curing the defects by amendment; therefore the pleadings were struck out and the actions dismissed.

  • 17 Mar 2010

    PERALTA EUGENIO SARMIENTO v. COMPASS TECHNOLOGY CO LTD AND ANOTHER

    Citation
    PERALTA EUGENIO SARMIENTO v. COMPASS TECHNOLOGY CO LTD AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV214/2009

    The Amended Statements of Claim failed to plead essential elements of the tort of conspiracy to injure (notably the requisite intention to injure and how the alleged unlawful means caused the claimed loss), were inconsistent with the plaintiffs' own evidence and prior proceedings, and there was no realistic prospect of amendment to cure the defects; accordingly the pleadings were demurrable and the actions must be struck out and dismissed.