Hong Kong Case Law: Decisions & Judgments

Topic

Issue estoppel/res judicata

Legal area

Court

2 Apr 2026

LIQUIDITY TECHNOLOGIES LTD AND ANOTHER v. MARK DAVID LAMB AND OTHERS

Citation

[2026] HKCFI 1758
Court

Court of First Instance
Case number

HCA1646/2023

The court found on the evidential record that Lamb acted in breach of his fiduciary duties by improperly entering into the Settlement Agreement that relinquished P1's US$84M arbitration claim and obtaining a waiver of liability for himself; Lamb's defences on that point were not credible or supported by contemporaneous evidence, so partial summary judgment was appropriate on that discrete claim. However, numerous other allegations (transfers to OPNX, licence and Fireblocks assignments, misappropriation of tokens, access to records, domain and equitable remedies) raise serious factual disputes…
28 Jun 2024

CHINA CITIC BANK CORPORATION LTD, TIANJIN BRANCH AND OTHERS v. SILVER STARLIGHT LTD

Citation

[2024] HKCA 580
Court

Court of Appeal
Case number

CAMP294/2022

The Court of Appeal held that (1) the late evidence alleging witness interference was properly excluded because of delay, lack of credibility and prejudice to the Banks; (2) prior judicial determinations and the Turner/principle against re‑litigation barred re‑opening issues already decided on the injunction and statutory demand applications absent material new evidence, which did not exist here; (3) even on the merits the alleged Overall Agreement was unsupported, contradicted by contemporaneous documents and not a bona fide dispute of the debt; (4) the Oaktree term sheet was non‑binding and…
16 Nov 2021

WING MING GARMENT FACTORY LTD v. SANWA TRADING (H.K.) LTD

Citation

[2021] HKCFI 3357
Court

Court of First Instance
Case number

HCA1805/2016

The Assignment conveyed the 5 undivided shares together with the exclusive rights that, by the DMC and its allocation, attached to Original CPS2; the DMC and registered allocation control the parcel despite a coloured plan annexed to the Assignment; prior judgments establishing that the VOID areas are common areas bind the vendor and corroborate that Re-Designated CPS2 could not be lawfully conveyed; accordingly Sanwa is owner of Original CPS2 and rectification is warranted.
25 Jan 2021

SIGNATURE DIAMOND LLC v. PHILLIPS FINE WATCHES LTD

Citation

[2021] HKCFI 192
Court

Court of First Instance
Case number

HCA1536/2017

Leave to appeal out of time denied and the appeal dismissed because there was no good explanation for the delay, no material change in circumstances since the Master ordered the stay (the Swiss forum was chosen by the plaintiff and the servicing concerns were known or not shown to be material), and the Swiss ruling (admitted as fresh evidence) confirmed the defendant's jurisdictional and lien position; continuation of the stay was not unjust or unfair.
3 Jun 2020

KOO MING KOWN v. REV. MR. MOK KONG TING (PRESIDENT OF THE BAPTIST CONVENTION OF HONG KONG) AND OTHERS

Citation

[2020] HKCFI 1040
Court

Court of First Instance
Case number

HCA2337/2016

The appeal was allowed and the Master\'s strike out order set aside because (1) the interlocutory 2018 decision did not bind D3 who was not represented at the hearing and (2) there were material changes and new evidence (D3 ceased to be supervisor and a public announcement was made) justifying reconsideration; further, the claim for a declaration that D3 was not a fit and proper person was justiciable under the Education Ordinance and it was not a plain and obvious case warranting strike out under O 18 r 19.
12 Apr 2019

蔡振昇對王國春

Citation

[2019] HKDC 492
Court

District Court
Case number

DCPI974/2014

The court accepted the prior employees' compensation judgment findings on the occurrence and injury and proceeded on that basis but found on the balance of probabilities that the employer was not negligent: the task was simple, non-hazardous and assisted by a trolley and tailboard, the plaintiff was experienced and could have managed pace and sought assistance, and no reasonable additional measures by employer were shown to be required. Therefore defendant did not breach contractual or statutory duties; claim dismissed. The judge further held that if defendant had been negligent the plaintiff…
21 Apr 2015

CHINACHEM FINANCIAL SERVICES LTD v. CENTURY VENTURE HOLDINGS LTD

Citation

CHINACHEM FINANCIAL SERVICES LTD v. CENTURY VENTURE HOLDINGS LTD
Court

Court of First Instance
Case number

HCA410/2013

Leave to appeal was refused because the SPC's 2nd Stay Judgment did not decide the identical question of whether Hong Kong courts should exercise jurisdiction over the Hong Kong action, parallel PRC proceedings are a relevant but non-decisive factor under Spiliada, and the judge's exercise of discretion in upholding the contractual NEJC (per Noble Power) and refusing a stay was within the permissible range of judgment; accordingly there was no reasonable prospect of success on appeal.
17 Oct 2014

WONG PAK SUM v. HONG KONG FURNITURE & DECORATION TRADE ASSOCIATION LTD

Citation

WONG PAK SUM v. HONG KONG FURNITURE & DECORATION TRADE ASSOCIATION LTD
Court

Court of First Instance
Case number

HCMP2946/2013

The 3rd Summons was dismissed because the plaintiff lacked the statutory standing under s740 Cap 622 (not the required number of members) and failed to show special grounds to adduce the documents as new evidence on appeal; the 2nd Summons was dismissed as an abuse of process/subject to res judicata and, on the merits, because alternate directors were valid under the articles so the Board meeting was effective and the taxation proceedings were properly authorised; costs were ordered against the plaintiff on an indemnity basis to be summarily assessed with directions for summary assessment.
5 Nov 2013

CHINA AGRI PRODUCTS EXCHANGE LTD v. WANG XIU QUN AND ANOTHER

Citation

CHINA AGRI PRODUCTS EXCHANGE LTD v. WANG XIU QUN AND ANOTHER
Court

Court of First Instance
Case number

HCA1807/2011

The judge refused to set aside the leave to serve out of jurisdiction or the overseas service because any non-disclosure of the PRC proceedings did not meet the threshold of materiality that would have affected the ex parte decisions and was not deliberate or serious; Hong Kong was the appropriate forum given the SPAs' non-exclusive Hong Kong jurisdiction clauses and absence of exceptional circumstances to displace them; the defendants were not permitted to re-open challenge to the Service Order without a proper cross-appeal; the interim stay was unjustified because the PRC proceedings would…
21 Dec 2007

CHINA NORTH INDUSTRIES INVESTMENT LTD v. RONALD R.C. CHUM AND OTHERS

Citation

CHINA NORTH INDUSTRIES INVESTMENT LTD v. RONALD R.C. CHUM AND OTHERS
Court

Court of Appeal
Case number

CACV321/2006

The appeals were dismissed. The Court upheld the setting aside of ex parte leave to serve out of the jurisdiction because the Hong Kong proceedings constituted a collateral attack on a final Bermuda decision amounting to an abuse of process, Hong Kong was not shown to be the forum conveniens, and, additionally, the plaintiffs had made material non-disclosure in the ex parte applications such that the grants of leave should be set aside.