Hong Kong Case Law: Decisions & Judgments

Topic

Fraud/deceit

Legal area

Court

23 Jan 2019

ZHANG YAN AND OTHERS v. ASA BULLION LTD

Citation

[2019] HKCFI 179
Court

Court of First Instance
Case number

HCA1555/2018

The court refused to continue the injunction: plaintiffs failed to adduce reasonable evidence that the sum US$10,578,027.07 was held by or under the control of the defendant and could not establish a good arguable case on the principal causes of action; plaintiffs also failed to show a real risk of dissipation of assets and had not satisfied strict requirements for a Mareva/proprietary injunction, therefore continuation of the freezing order was rejected.
23 Aug 2018

KONG ON TAI AND ANOTHER v. WU WEIWEI

Citation

[2018] HKLdT 70
Court

Lands Tribunal
Case number

LDPD1171/2018

The March 26 WeChat message constituted valid written notice under the Break Clause and in any event the April 20 solicitor letter validly exercised the Break Clause terminating the tenancy by 27 May 2018 at the latest; the HK$63,000 payment of 17 April 2018 was accepted or held by the 1st Applicant by mistake and did not create or revive a new tenancy or estop the applicants from enforcing the Break Clause; accordingly the respondent must deliver vacant possession and pay mesne profits and costs.
30 Mar 2016

LEE YUK SHING v. DIANOOR INTERNATIONAL LTD (In Liquidation)

Citation

LEE YUK SHING v. DIANOOR INTERNATIONAL LTD (In Liquidation)
Court

Court of First Instance
Case number

HCMP2483/2011

The court found that, viewed against the surrounding pre-litigation circumstances and the manner of defence, the Liquidators conducted the litigation in a frivolous, vexatious and oppressive manner amounting to an affront to the court (including fishing cross-examination and insisting on futile challenges despite knowledge/recklessness about the nature of the stones); accordingly indemnity costs are warranted for the action except that costs attributable solely to argument on the construction of the Notice to Bidders and Conditions of Sale shall be taxed on a party-and-party basis.
20 May 2015

BANK MORGAN STANLEY AG v. GOLDSTAR TRADING CO AND ANOTHER

Citation

BANK MORGAN STANLEY AG v. GOLDSTAR TRADING CO AND ANOTHER
Court

District Court
Case number

DCCJ1944/2015

The court found a serious issue to be tried, concluded prima facie there was a good and arguable case of deceit with assets in the jurisdiction and a real risk of dissipation, and that the balance of convenience favored preserving the sums; accordingly the ex‑parte injunction was continued until trial or further order and a disclosure order against the 2nd Defendant was made.
3 Aug 2012

GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI FINANCIAL LTD

Citation

GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI FINANCIAL LTD
Court

Court of Appeal
Case number

CACV243/2011

Leave to amend to add the new fraud claims was wrongly granted because the relation-back rule in s35(1)(b) could unfairly deprive the defendant of a reasonably arguable limitation defence; where such prejudice exists the court must refuse amendment unless the plaintiff demonstrates the defendant has no reasonably arguable limitation defence or the new cause arises out of the same or substantially the same facts; the 3rd plaintiff's proposed damages claim is impermissible reflective loss and untenable; accordingly the grant of leave was set aside and the action dismissed.
27 Oct 1998

PANLEAD DEVELOPMENT LTD v. CHUNG YEE FONG HELEN

Citation

PANLEAD DEVELOPMENT LTD v. CHUNG YEE FONG HELEN
Court

Court of Appeal
Case number

CACV142/1998

The appellant was at all material times unable to pass good title; she executed and relied on a deceitful cancellation agreement and persisted in a baseless defence; those facts justified dismissal of the appeal, affirmation of the trial orders for return of the deposit with interest, award of $190,000 damages, and an award of costs on an indemnity basis.

Hong Kong Case Law

ZHANG YAN AND OTHERS v. ASA BULLION LTD

KONG ON TAI AND ANOTHER v. WU WEIWEI

LEE YUK SHING v. DIANOOR INTERNATIONAL LTD (In Liquidation)

BANK MORGAN STANLEY AG v. GOLDSTAR TRADING CO AND ANOTHER

GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI FINANCIAL LTD

PANLEAD DEVELOPMENT LTD v. CHUNG YEE FONG HELEN