Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-disclosure (duty of full and frank disclosure)

  • 5 Mar 2009

    NG CHI SUM AND ANOTHER v. FULL ART INTERNATIONAL LTD AND OTHERS

    Citation
    NG CHI SUM AND ANOTHER v. FULL ART INTERNATIONAL LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA138/2009

    The court concluded there was serious and material non-disclosure (notably failure to draw the court's attention to SPA clauses 3.01(aa) and 4.01(a), evidence of substantial advances to TEL by the CAE group, and an email possibly adverse to the claimed settlement agreement) which would have misled the ex parte judge; accordingly the ex parte order was discharged and the applicant penalised by an immediate costs order in favour of the defendants (taxed and paid forthwith with certificate for two counsel).

    • Ex parte injunction
    • Non-disclosure (duty of full and frank disclosure)
    • Costs order
    • Misrepresentation
    • Rescission and repudiation of contract
    • Wrongful dismissal and removal of director

  • 1 Aug 2005

    LIU XIAN FENG SAM AND ANOTHER v. LIU BO AND OTHERS

    Citation
    LIU XIAN FENG SAM AND ANOTHER v. LIU BO AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA5474/2001

    Although the Mareva injunction had been discharged due to material non-disclosure, it was re-granted on terms and fairness required that defendants' legal expenses (to be paid from enjoined funds) and the plaintiffs' liability be treated pari passu; accordingly the 1st and 2nd plaintiffs must pay the costs in any event.

    • Mareva injunction
    • Non-disclosure (duty of full and frank disclosure)
    • Costs nisi
    • Re-grant on terms
    • Impecuniosity and enforcement against enjoined funds