Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Loss of a chance

  • 12 Dec 2025

    CHEUNG KONG PROPERTY (BUSINESS DEVELOPMENT) LTD v. GOLD BRILLIANT INVESTMENT LTD AND ANOTHER

    Citation
    [2025] HKCFI 6181
    Court
    Court of First Instance
    Case number
    HCA280/2021

    The court found the Defendants breached the ROFR Deed by failing to serve a Proposal Notice; the alleged representations were negotiation posturing and not clear, unequivocal promises to forgo rights, the Plaintiff lacked the requisite knowledge and clause 9.04 was not overridden; implied terms claimed were unnecessary or contradicted express terms; on causation the Plaintiff would, on balance, have exercised the ROFR and there was a real and substantial chance MTRC/IB would have agreed such that loss of a chance is established; damages for that chance assessed at HK$1,574,718,422.90 (after a…

  • 22 Nov 2019

    CHEUNG SHUN YEE v. RICH RESOURCE DEVELOPMENT LTD

    Citation
    [2019] HKCFI 2835
    Court
    Court of First Instance
    Case number
    HCA613/2014

    Court allowed plaintiff's application for a split trial of liability and quantum as just and convenient, permitted amendment of the Statement of Claim to plead loss of a chance, and allowed filing of two supplemental witness statements subject to limited deletions; the court treated the Registrar's October 25 2017 order as a case management direction amenable to variation and did not treat it as a binding consent contract preventing a later assessment of damages after liability is determined; general leave for a supplemental witness statement of the plaintiff was refused due to lack of a draf…