Hong Kong Case Law: Decisions & Judgments

Topic

Fiduciary duties

Legal area

Court

27 Feb 2026

CHEUNG SAI LON v. CHEUNG SAI HA AND ANOTHER

Citation

[2026] HKCFI 1150
Court

Court of First Instance
Case number

HCA2218/2019

Plaintiff failed to prove on the balance of probabilities that he contributed the asserted sums or that any common intention existed to give him beneficial interests in FF Shops or House 71/72; contemporaneous documents and conduct contradicted Plaintiff’s account and his credibility was undermined; accordingly legal title stood and no constructive or resulting trust arose, so all claims based on alleged trusts, breaches and tracing failed.
16 Jan 2026

CHINA MEDICAL TECHNOLOGIES, INC. (IN LIQUIDATION) v. WU XIAODONG AND OTHERS

Citation

[2026] HKCFI 276
Court

Court of First Instance
Case number

HCA1417/2013

The court found that Wu and Tsang (with Zhu) deliberately orchestrated sham FISH and SPR transactions, caused CMED/CMED Tech to pay US$521.8m, and misappropriated funds through Supreme Well and associated entities; Wu, Tsang and Zhu committed fraudulent breaches of fiduciary duty, participated in unlawful means conspiracy and fraudulent trading; various recipients (including Chong, Hao, Bi and numerous corporate entities) were held liable for dishonest assistance, knowing receipt and/or unjust enrichment as supported by tracing and evidence of knowledge or deliberate blindness; Dr Chen was no…
4 Dec 2025

EUREKA HAROUTOONIAN (formerly known as EUREKA JIMENEZ) v. THE REGISTRAR OF COMPANIES

Citation

[2025] HKCFI 5893
Court

Court of First Instance
Case number

HCMP602/2024

Applicant, as a director, has locus to apply and the pleadings indicate more than a shadowy prospect in HCA 1847, but there was inadequate evidence of succession to the late director's shareholding and no authority or justification to proceed without serving the other member; accordingly the proper exercise of the Court's discretion was to adjourn the application and require service on the member before final determination.
20 Nov 2025

SUNG CHUNG KWUN AND OTHERS v. ADDCHANCE HOLDINGS LTD (NOW KNOWN AS “GTI HOLDINGS LTD”) AND OTHERS

Citation

[2025] HKCFI 5216
Court

Court of First Instance
Case number

HCA2385/2017

Plaintiffs failed to prove the existence of the alleged binding AHL Sale Agreement and the SMA/CRA and therefore failed to establish fiduciary duties or contractual obligations on Poon that would prevent enforcement; on accepted facts the Second Mortgage was validly executed and assigned to CFGL, and CFGL is entitled to enforce it against ADFL — judgment for defendants and in favor of CFGL for payment, possession, power of sale and account for rents.
17 Nov 2025

TSEN YUN LEI v. LO KIN FUNG

Citation

[2025] HKCFI 5526
Court

Court of First Instance
Case number

HCCW121/2013

Although Sunni obtained some relief against Michael Kao (equitable compensation with interest), the court exercised its discretion on costs and found Sunni's unlawful means conspiracy claim against Michael Kao was unmeritorious and invited disproportionate and separable defence effort; having weighed partial successes, conduct and the increase in length/costs to Michael Kao, the just and proportionate order was that there be no order as to costs between Sunni and Michael Kao, with an order nisi that the costs of submissions on costs be borne by Sunni, taxed if not agreed, and paid to Michael…
17 Nov 2025

SUNNI INTERNATIONAL LTD (IN LIQUIDATION) v. KAO WAI HO FRANCIS AND OTHERS

Citation

[2025] HKCFI 5526
Court

Court of First Instance
Case number

HCA1884/2018

Although Sunni obtained partial success against Michael Kao, the unlawful means conspiracy claim against him was unmeritorious and lacked sufficient evidential basis and its pursuit materially expanded the scope and costs of his defence; in the exercise of the court's discretion a just, fair and proportionate result is no order as to costs between Sunni and Michael Kao, with costs of the submissions on costs ordered nisi against Sunni to be taxed if not agreed and paid to Michael Kao forthwith with certificate for two counsel.
5 Nov 2025

HKSAR v. MAK KWONG YIU, CHAN LAI YEE, WONG SHUK ON, LEE YICK MING

Citation

[2025] HKCFA 20
Court

Court of Final Appeal
Case number

FACC1/2025

The Court held that the defendants' scheme to interpose Gransing as a buffer to conceal that CISL was the actual placing agent constituted dishonest means supporting conspiracy to defraud: viewed realistically the placing and sub‑placing arrangements formed composite transactions engaging the Listing Rules and/or impeded the Stock Exchange in its public supervisory duty; proof of a sham was not required and undisclosed conflicts together with deliberate concealment satisfied the dishonesty and causation elements.
15 Oct 2025

DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD (formerly known as CHIHO-TIANDE GROUP LTD) AND OTHERS

Citation

[2025] HKCFI 4739
Court

Court of First Instance
Case number

HCA2939/2016

On the balance of probabilities the Court found systematic under-invoicing and round-tripping sufficient to discredit major parts of the alleged cross-debts (HKM Metal and Chern debts) and concluded assignments were ineffective; Fang assumed fiduciary duties when he undertook to find buyers and possessed material non-disclosed information about USUM's investment, breached those duties by non-disclosure, causally leading to Delco receiving a depressed sale price; Delco entitled to equitable compensation (market-based assessment); CT's CB Undertaking did not impose an obligation to procure a pu…
26 Sept 2025

SOREMI INVESTMENTS LTD v. CHINA NATIONAL GOLD GROUP HONG KONG LTD AND ANOTHER

Citation

[2025] HKCFI 4514
Court

Court of First Instance
Case number

HCA797/2025

The SHA was a contractual document regulating the relationship between the two shareholders (CNG and Global); SIL was a non‑transacting party named to give effect to shareholder arrangements. The substance of SIL's claims is misappropriation and breaches of equitable/fiduciary duties by directors and associated torts, not disputes arising out of or relating to the SHA. CNG failed to establish a prima facie case that the arbitration clause in clause 13.17 covers those disputes; accordingly no stay under s20(1) was warranted and the summons for a stay was dismissed.
26 May 2025

TAM YIN LING LEWINA v. TAM CHI HUNG ALAN

Citation

[2025] HKDC 885
Court

District Court
Case number

DCCJ1062/2020

The court found on the balance of probabilities that the plaintiff was the sole beneficial owner and a common intention constructive trust arose: the plaintiff provided the bulk of purchase funding (including a $1,500,000 realisation of her FS Gdn share), paid loans, expenses and managed the property; the defendant was passive, held legal title only and it would be unconscionable for him to deny the plaintiff's beneficial interest. Defendant's counterclaim failed.