Hong Kong Case Law: Decisions & Judgments

Topic

Fiduciary breach

Legal area

Court

17 Mar 2025

TIEN SAU TONG MEDICINE COMPANY (HONG KONG) LTD 對張寶靈及另二人

Citation

[2025] HKDC 375
Court

District Court
Case number

DCCJ5670/2018

The court refused the plaintiff's application to substitute a no-order-as-to-costs for the interim costs order and converted the interim order into an absolute order in favour of the first and third defendants; the ordinary rule that the successful party is entitled to costs was not displaced because the plaintiff failed to demonstrate exceptional circumstances or partial success that would justify departure, and the plaintiff's conduct did not suffice to override the costs principle, so costs were ordered to be paid by the plaintiff on an indemnity basis with assessment if parties cannot agr…
1 Nov 2024

CHOW TIMOTHY WAI KOON v. LAM YING KUEN

Citation

[2024] HKDC 1835
Court

District Court
Case number

DCCJ1669/2023

Master found Defendant breached fiduciary duties and misappropriated entrusted funds and shares; Plaintiff proved the account movements and the balance of HK$317,533.78 and established loss from Defendant's wilful failure to act on instructions amounting to HK$103,068.80 (496,000 shares x HK$0.2078). Judgment entered for Plaintiff for HK$420,602.58 with interest (HSBC best lending rate +1% from 26 April 2023 to date of Interlocutory Judgment, thereafter at judgment rate) and costs summarily assessed at HK$55,000.
18 Jan 2022

WESOFT NATIONMARK LTD v. NATIONMARK (H.K.) LTD AND OTHERS

Citation

[2022] HKCFI 208
Court

Court of First Instance
Case number

HCA1317/2019

There are no triable issues sufficient to defeat the plaintiff's Order 14 application: the documents sought are company documents or are necessary to ascertain compliance with the Deed of Non-Competition and Service Contracts; inclusion of the two related companies in the orders is justified on proper construction and to prevent diversion of P's transferred business/assets; defendants failed to show the requests were unduly oppressive or that documents were not in their possession, custody or power; D2's contractual and fiduciary obligations remain enforceable; accordingly the Master's delive…
11 Aug 2020

GE QINGFU AND OTHERS v. L & A INTERNATIONAL HOLDINGS LTD AND OTHERS

Citation

[2020] HKCA 687
Court

Court of Appeal
Case number

CACV11/2019

Sections 728-730 must be read in context with their predecessor provisions and company law principles; s.729(1)(b) grants power to award damages only as adjunctive or substitutive to injunctions where jurisdiction for injunction existed at commencement; on facts injunctive relief was available at commencement (T+2 settlement) so court had jurisdiction to award damages in lieu, but quantum must be compensatory and limited to cost necessary to restore plaintiffs’ pre-breach shareholding; original award of HK$18,669,420 reduced to HK$7,349,040.
7 Mar 2019

CHEER SKY LTD v. CHAN YUET SHEUNG

Citation

[2019] HKCFI 606
Court

Court of First Instance
Case number

HCA939/2014

On construction of the provisional agreement against the factual matrix (parties knew of the unauthorised Structures) the contract was for the Property including the Structures with the purchaser assuming the risk of any defect arising from them; Cheer Sky knew of and effectively accepted that risk (waiver), so the vendor had discharged her obligation to show and give title to the property she contracted to sell; Cheer Sky repudiated by attempting to force a substantial price reduction and is not entitled to specific performance or damages; the provisional agreement was rescinded and related…
16 Mar 2018

SECURITIES AND FUTURES COMMISSION v. MO SHAU WAH AND OTHERS

Citation

[2018] HKCFI 596
Court

Court of First Instance
Case number

HCA353/2013

The Company was joined as a limited intervener because it has an arguable proprietary interest in the frozen securities and therefore a question connected with the restorative relief arises between it, SFC and the defendants; the First Limb did not apply but the Second Limb and considerations of justice and convenience warranted limited joinder to receive notice of any variation applications to the Injunction Order.
2 Oct 2015

MARYO DEVELOPMENT LTD v. TSANG YAU MAY

Citation

MARYO DEVELOPMENT LTD v. TSANG YAU MAY
Court

Court of Appeal
Case number

CACV101/2015

Order security for costs of the appeal in the sum of HKD 220,000 because the 3rd defendant claimed impecuniosity, the appeal did not show a strong prospect of success, there were special circumstances (including unrepaid funds), and no countervailing factors justified refusing security; amount includes allowance for costs of the application.
26 Jan 1988

THE QUEEN v. CHAN KWOK-HUNG

Citation

THE QUEEN v. CHAN KWOK-HUNG
Court

Court of Appeal
Case number

CACC447/1987

The Court allowed the appeal and reduced the sentence from 2.5 years to 12 months because, despite the aggravating factor of fiduciary breach, the very small sum involved made the original sentence excessive and disproportionate in light of comparable authorities.