Hong Kong Case Law: Decisions & Judgments

Topic

Letters of undertaking

Legal area

Court

12 Jan 2026

GOING BRIGHT LTD v. ZHU HUAYUE

Citation

[2025] HKCFI 6319
Court

Court of First Instance
Case number

HCA1603/2019

On the balance of probabilities the Court found the 2010 sale and 2011 assignment were sham transactions: the purchase funds principally derived from GB/Gladstrong and an advancement by Wang; title deeds and possession remained with GB/LI; Zhu was aware of and accepted the arrangements (including by signing the Letter of Undertaking) and therefore was not a bona fide purchaser for value without notice; accordingly Zhu holds legal title as bare trustee for GB and equitable relief (declaration and transfer order) is granted; the illegality argument does not bar relief on the facts and applying…
19 Nov 2015

PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS

Citation

PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1257/2013

Court held plaintiffs established prima facie entitlement to specific performance of the FSCL and Shanghai Bund share pledge agreements (D4 and D6 consented) and to specific performance of the IHAL share pledge agreements against Vincent; but Vincent has an arguable defence that the LOUs may have been discharged by the amendment agreements (because Carlos could have been discharged and effect on co-surety depends on whether liability was joint or joint and several), so leave to defend the LOUs was granted; plaintiffs allowed to amend prayer; costs nisi and further directions permitted.
1 Dec 2008

THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "HUI RONG" (LR NO. 7525748) v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "PENG YAN" (LR NO. 8020563) AND THE OWNERS OF THE SHIPS OR VESSELS SET OUT IN THE SCHEDULE A ANNEXED HERETO

Citation

THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "HUI RONG" (LR NO. 7525748) v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "PENG YAN" (LR NO. 8020563) AND THE OWNERS OF THE SHIPS OR VESSELS SET OUT IN THE SCHEDULE A ANNEXED HERETO
Court

Court of Appeal
Case number

CACV269/2008

The Court of Appeal dismissed the appeals: defendants failed to show the Ningbo Maritime Court was clearly or distinctly a more appropriate forum than Hong Kong. Key reasons were (1) admiralty jurisdiction founded by arrest and Letters of Undertaking made the burden on defendants heavy; (2) parallel limitation proceedings in Ningbo and the existence of a limitation fund did not by themselves justify a stay, particularly while the fund and appeals were not finally resolved; and (3) the Letters of Undertaking did not expressly reserve tonnage limitation such that plaintiffs in Hong Kong might h…
1 Dec 2008

SHIJIAZHUANG IRON & STEEL CO LTD AND OTHERS v. HUI RONG NAV. CORP. S.A. AND OTHERS

Citation

SHIJIAZHUANG IRON & STEEL CO LTD AND OTHERS v. HUI RONG NAV. CORP. S.A. AND OTHERS
Court

Court of Appeal
Case number

CACV270/2008

Applying the Spiliada test, the Court found Defendants failed to show the Ningbo Maritime Court was clearly or distinctly more appropriate. Key factors: Letters of Undertaking in Hong Kong provided more secure recovery potential than the then-unestablished or uncertain Ningbo fund; the Ningbo limitation action was not at an advanced stage and parallel proceedings in admiralty are common; risk of inconsistent findings was not sufficient to warrant a stay. Appeals dismissed and costs ordered nisi to Plaintiffs against Defendants.
23 Sept 2002

RE KWOK YAN SANG

Citation

RE KWOK YAN SANG
Court

Court of First Instance
Case number

HCB3562/2000

The debtor was liable under the written Contract and the letters of undertaking for the sums claimed; the statutory demand was properly served and not set aside; the debtor produced no evidence to establish duress or undue influence or to deny liability; accordingly the court was satisfied the debtor could not pay and a bankruptcy order with costs was warranted.

Hong Kong Case Law

GOING BRIGHT LTD v. ZHU HUAYUE

PACIFIC HARBOR ADVISORS PTE LTD AND ANOTHER v. WINSON FEDERAL LTD AND OTHERS

SHIJIAZHUANG IRON & STEEL CO LTD AND OTHERS v. HUI RONG NAV. CORP. S.A. AND OTHERS

RE KWOK YAN SANG