Hong Kong Case Law: Decisions & Judgments

Topic

Exemplary and aggravated damages

Legal area

Court

24 Dec 2015

LIN MAN YUAN v. KIN MING HOLDINGS INTERNATIONAL LTD AND ANOTHER

Citation

LIN MAN YUAN v. KIN MING HOLDINGS INTERNATIONAL LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA216/2008

Costs follow the event; there was no exceptional or dishonest conduct by Madam Lin or the Couple that warrants indemnity costs; Kin Ming must pay the Couple party-and-party costs of the Counterclaim; no order as to costs between Mr Kho and the Couple because Mr Kho succeeded on injunction but hopelessly failed on the substantial loss of business claim, and the sanctioned payment was pleaded as a settlement of the whole Counterclaim so could have barred damages if accepted; certificate for 2 counsel only; a permanent injunction limited to protecting Mr Kho from harassment and specified contact…
5 Nov 2003

PHILIPPE DELHAISE v. NG & CO (a firm) AND ANOTHER

Citation

PHILIPPE DELHAISE v. NG & CO (a firm) AND ANOTHER
Court

Court of First Instance
Case number

HCA10165/2000

The court found the solicitors had exercised the care and skill of a reasonably competent solicitor by advising the client of the material difficulties (need to prove malice, double recovery, lack of ex-wife evidence) and counsel reiterated those points; the client elected to proceed and subsequently agreed to settle when advised; therefore there was no breach of contract or negligence and the claim is dismissed.
16 Mar 2001

WONG WAI HING AND ANOTHER v. HUI WEI LEE

Citation

WONG WAI HING AND ANOTHER v. HUI WEI LEE
Court

Court of Appeal
Case number

CACV136/2000

The Court allowed the appeal and held the defendant liable for assaults and intimidatory acts committed by Yue Hoi's agents (Kwong and Chan) because they were acting as the defendant's representatives in the authorised class of acts (debt collection) and their wrongful conduct was a wrongful mode of carrying out that mandate despite the defendant's instructions to use lawful means; spraying of red paint (physical act) was excluded from liability; damages to be assessed and injunction conditional on renewed undertaking.
28 Mar 1996

LI CHOW LAN v. YUM MOR LIN

Citation

LI CHOW LAN v. YUM MOR LIN
Court

Court of First Instance
Case number

HCA6449/1994

No enforceable agreement was proved for the alleged HK$800,000 loan to Yum; Yum took de facto possession and control of the restaurant from 1 December 1993 and must account to the liquidator for company assets and any profits, but Li may recover sums properly proved as loans made to the company prior to that date; the purported sale/transfer of shares to Wong was invalid (no proper meeting/notice and no entry on the register); Wong, Li and Lee were liable in tort for trespass and intimidation causing quantified losses, and aggravated/exemplary damages in HKD 100,000 were appropriate to punish…
6 Apr 1992

LEVI STRAUSS AND CO. v. MARUICHI HOLDINGS (H.K.) LTD. AND OTHERS

Citation

LEVI STRAUSS AND CO. v. MARUICHI HOLDINGS (H.K.) LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA9669/1991

The court found on the affidavits and seized contemporaneous documents that the defendants (principally the 3rd and 4th) produced and supplied counterfeit Levi "501" jeans, labels and other paraphernalia and arranged shipments through Hong Kong; those acts constituted use in the course of trade amounting to trade mark infringement under s.27 and constituted passing off because they misrepresented goods and were likely to injure the plaintiff's goodwill in Hong Kong. The defendants failed to raise a credible triable issue under Order 14 R.3(1); therefore summary judgment and the substantive in…

Hong Kong Case Law

LIN MAN YUAN v. KIN MING HOLDINGS INTERNATIONAL LTD AND ANOTHER

PHILIPPE DELHAISE v. NG & CO (a firm) AND ANOTHER

WONG WAI HING AND ANOTHER v. HUI WEI LEE

LI CHOW LAN v. YUM MOR LIN

LEVI STRAUSS AND CO. v. MARUICHI HOLDINGS (H.K.) LTD. AND OTHERS