Hong Kong Case Law: Decisions & Judgments

Topic

Enquiry as to damages

Legal area

Court

18 Nov 2022

GERMAN POOL GROUP CO LTD AND OTHERS v. DYSON TECHNOLOGY LTD AND ANOTHER

Citation

[2022] HKCFI 3504
Court

Court of First Instance
Case number

HCIP53/2019

The court held that 'until the conclusion of the action' in O 62 r 9D means conclusion of the entire action including outstanding enquiries as to damages; accordingly the Plaintiffs are not entitled to tax their costs at this stage and the Defendants' application to stay taxation is allowed, subject to the Plaintiffs' liberty to apply for an order for immediate taxation under r 9D(2).
12 Oct 2018

CHINACAST EDUCATION CORPORATION AND OTHERS v. CHAN TZE NGON AND OTHERS

Citation

[2018] HKCFI 2300
Court

Court of First Instance
Case number

HCA1062/2012

The master exercised discretion to refuse enforcement of the undertaking because the 3rd defendant failed to demonstrate a reasonably arguable case of loss causally attributable to the injunction; documentary evidence was lacking and allegations were speculative, therefore no inquiry and no damages were awarded.
6 Dec 2012

DAIMLER AG (FORMERLY MERCEDES-BENZ AQ) v. LEIDUCK, HERBERT HEINZ HORST AND ANOTHER

Citation

DAIMLER AG (FORMERLY MERCEDES-BENZ AQ) v. LEIDUCK, HERBERT HEINZ HORST AND ANOTHER
Court

Court of First Instance
Case number

HCA4089/1994

The court dismissed the defendants' application for the 1st defendant to give evidence via video link because credibility was central, the solemnity and efficacy of cross-examination would be materially weakened by VCF, and the medical evidence did not justify the exceptional measure; the court struck out the Khvalei witness statement as it was expert in nature; the court allowed the plaintiff to adduce limited expert evidence on Russian company law/registration about the date of establishment of Stern-Stroy Limited as relevant to whether the Stern-Stroy-based loss claim is bogus and therefor…
22 Jan 2009

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

Citation

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS
Court

Court of Appeal
Case number

CACV248/2008

References in the plaintiffs' defence to the validity of the management agreement and to the discontinued statement of claim were irrelevant to the 2nd defendant's particulars of claim of loss arising from the Mareva injunction and would cause unnecessary delay and expense; those references should be struck out and the 2nd defendant was entitled to the relief sought, with costs ordered nisi in its favour.
11 Aug 2008

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

Citation

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP1168/2008

Leave to appeal out of time was refused because the proposed appeal had no real prospect of success: plaintiffs had abused the process by obtaining a Mareva injunction and then discontinuing without explanation risking breach of undertakings; defendants were entitled to an enquiry as to damages and to ancillary orders including asset preservation and anti-suit restraint; the plaintiffs' delay in seeking leave was inordinate and unjustified.
4 Feb 2008

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

Citation

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1/2008

The court held that the Notice of Discontinuance will take effect only subject to the plaintiffs complying with the court's orders; the plaintiffs must pay defendants' costs on an indemnity basis; the Mareva injunction is discharged; an enquiry into damages to quantify plaintiffs' liability under their undertaking is ordered; an anti-suit injunction restraining plaintiffs from bringing or continuing proceedings abroad on the same disputes is granted except for pre-existing Malaysian proceedings and the EGM-related proceeding; the wasted costs application against plaintiffs' solicitors is adjo…
31 Jan 2004

SUPER TREND LIGHTING LTD v. HI-LIGHT LIGHTING LTD AND ANOTHER

Citation

SUPER TREND LIGHTING LTD v. HI-LIGHT LIGHTING LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1896/2002

On the facts the plaintiff's claims were suspect and there was material non‑disclosure at the ex parte hearing; accordingly the court discharged the ex parte order, ordered an enquiry as to damages and directed that the plaintiff pay the defendants' costs of the interlocutory applications and of the discharge application to be taxed forthwith if not agreed.
21 Jan 2000

MASTER CO. (a firm) v. SHUM YIP-UTC (HONG KONG) CO., LTD.

Citation

MASTER CO. (a firm) v. SHUM YIP-UTC (HONG KONG) CO., LTD.
Court

Court of Final Appeal
Case number

FAMV26/1999

Extension of time was refused because the case was stale (contract dated 1989) and there were concurrent adverse findings of fact on the number of jackets, and therefore no leave to appeal was granted.
29 Mar 1984

RE KAR WOK TEXTILES LTD

Citation

RE KAR WOK TEXTILES LTD
Court

Court of First Instance
Case number

HCCW224/1983

The contemnor breached the court undertakings (failure to pay creditors and to file required documents) which constituted contempt, but the Court was not satisfied beyond reasonable doubt that the breach was wilful and deliberate; therefore no imprisonment or fine was imposed, but the contemnor was ordered to pay costs and an enquiry as to damages was ordered.