Hong Kong Case Law: Decisions & Judgments

Topic

Oppressive conduct

Legal area

Court

4 Feb 2022

TRENUS OCEANWAY LTD v. RICHLAND INTERNATIONAL LTD AND ANOTHER

Citation

[2022] HKCA 200
Court

Court of Appeal
Case number

CAMP249/2021

Leave to appeal was refused because the judge correctly concluded the pleaded allegations were at least arguable and sufficiently particularised to potentially give rise to a clean hands defence; the issues raised involved disputed facts and legal questions fit for trial, not strike-out, and there was no reasonable prospect of success on appeal against the judge's discretionary exercise.
16 Sept 2019

CHAN KWOK KUEN v. ACTIONSPORTS INTERNATIONAL LTD

Citation

[2019] HKDC 1205
Court

District Court
Case number

DCPI1985/2013

The defendant's persistent, unsupported and in some respects contradictory allegations of fraud and its oppressive communications justified an order for costs to be taxed on an indemnity basis; however the plaintiff's two settlement letters did not strictly comply with Order 22 r 5 and therefore were not sanctioned offers under Order 22 and could not attract the enhanced costs or interest consequences of Order 22 r 24; accordingly the court awarded standard statutory interest rates and indemnity costs for the whole action and made an order nisi regarding interest-and-costs-related costs on a…
7 Jul 2014

CHOW SAU HEI v. HO KEUNG YUEN AND OTHERS

Citation

CHOW SAU HEI v. HO KEUNG YUEN AND OTHERS
Court

Court of Appeal
Case number

CACV113/2013

The Court of Appeal dismissed the appeal: the trial judge's extensive factual findings were supported by the evidence and inherent probabilities and were not plainly wrong despite an unreasonable delay; Chow failed to prove oppressive conduct or breach of duty under s.168A warranting relief; accounting records had been provided and the challenged withdrawals were adequately explained as reimbursements or agreed transactions; the indemnity costs order was upheld.
6 May 2013

CHOW SAU HEI v. HO KEUNG YUEN, CHEUNG SUK CHUN, FINTASY LTD

Citation

CHOW SAU HEI v. HO KEUNG YUEN, CHEUNG SUK CHUN, FINTASY LTD
Court

Court of First Instance
Case number

HCMP717/2006

Petitioner failed to establish unfairly prejudicial conduct or breach of duties under s.168A. The respondent's explanations and supporting documents were accepted, key witnesses for respondent were credible, and many petitioner allegations were speculative or contradicted by documentary evidence. Accordingly the petitions were dismissed and costs ordered against the petitioner.
8 Feb 2001

CHEUNG YIU WING v. KING PACIFIC INTERNATIONAL HOLDINGS LTD. AND ANOTHER

Citation

CHEUNG YIU WING v. KING PACIFIC INTERNATIONAL HOLDINGS LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA10063/2000

An interim receiver was justified because the HK$135,000,000 investment in the PRC joint venture was at real risk, there was prima facie evidence that the managing director controlled the board and had not taken steps to protect the asset, and the balance of convenience favored independent temporary control to protect the company's assets pending trial.
25 Jul 1989

BELLE CHOW v. GLORY MANOR COMPANY LIMITED AND OTHERS

Citation

BELLE CHOW v. GLORY MANOR COMPANY LIMITED AND OTHERS
Court

Court of First Instance
Case number

HCCW28/1989

Because the order for purchase was effectively made by agreement/consent and no findings of misconduct were made on the petition, the proper date for valuation is the date of the order, 24 April 1989; valuation to be assessed by an independent accountant and costs awarded to the respondents.
13 Jan 1989

THE QUEEN v. WAN CHUNG WAH

Citation

THE QUEEN v. WAN CHUNG WAH
Court

Court of Appeal
Case number

CACC237/1988

The Court accepted the trial judge's factual findings that the ICAC officers were credible, that the applicant had been properly cautioned and that Exh.P11 was given voluntarily; the detention and arrest were lawful and not in bad faith, alleged inducements were not established, and the trial judge's credibility assessments were entitled to deference; accordingly the admission of the statement and the convictions were upheld.
25 Jul 1980

NG KOON-WAI v. THE QUEEN

Citation

NG KOON-WAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC493/1980

The magistrate correctly applied the legal test and standard of proof for voluntariness and was entitled to find the cautioned statements voluntary; accordingly the conviction stands. The sentencing decision was within the magistrate's discretion and justified by the need for strong deterrence in bribery of driving examiners, so the appeal against sentence is dismissed.