Hong Kong Case Law: Decisions & Judgments

Topic

Oral agreement dispute

Legal area

Court

25 Jan 2021

LI YAT CHEUNG v. LEE YAT SUN, the executor of the estate of LEE KA CHUAN, the Deceased

Citation

[2021] HKCFI 178
Court

Court of First Instance
Case number

HCMP25/2019

The defendant, as executor, breached the duty to render a true and perfect inventory and proper accounts despite repeated requests; the alleged oral agreement does not negate the executor's statutory duty nor the plaintiff's entitlement as residuary beneficiary and creditor; accordingly the defendant is removed as executor and must render accounts within the time ordered, and costs are awarded against him.
20 Apr 2016

TUNG FAI v. WEI DONG

Citation

TUNG FAI v. WEI DONG
Court

Court of First Instance
Case number

HCA1660/2013

FBP Appeal allowed in part: the 1st Request (particulars of paragraph 13 of the Statement of Claim) was necessary and Tung must file/serve those particulars within 14 days; the 2nd and 3rd Requests were unnecessary and refused. WS Amended Appeal (application for leave to file/serve the Wei and Yao third witness statements in latest draft form) was dismissed because the drafts were repetitive, argumentative, of marginal relevance and an improper attempt to have a 'last word'; costs orders made accordingly and directions given for apportionment of the previously assessed costs (HK$125,430).
15 Sept 2015

MILLION DECADE LTD v. TUNG FAI

Citation

MILLION DECADE LTD v. TUNG FAI
Court

Court of First Instance
Case number

HCA1062/2013

The registrar exercised case-management discretion: because the proposed third witness statements of Wei Dong and Yao Juan were repetitive, of low or tangential probative value, contained inadmissible opinion or anticipatory argument and lacked satisfactory justification for the court's indulgence, leave to file them was refused; by contrast the witness statement of Wei Yao was admissible corroborative material and was allowed; leave to amend the Defence in HCA 1660/2013 was allowed because pleading alternative defences is fair and not prejudicial at the interlocutory stage; costs were apport…
31 Dec 2012

HO YAN DEVELOPMENT CO v. FASHION ACCESSORIES INTERNATIONAL LTD

Citation

HO YAN DEVELOPMENT CO v. FASHION ACCESSORIES INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCA1373/2011

Defendant must within 14 days either admit in writing that all waiver fees were recorded as expenses in its audited reports for the relevant period (admission to be admissible at trial) or, failing that, file an affidavit disclosing the audited reports limited to the parts containing the register/entries for the waiver fees (updated unaudited report permitted); costs of the application are awarded to the plaintiffs to be summarily assessed on the papers with a fixed timetable; order nisi to become absolute in 14 days absent application to vary.
9 Jul 2012

LEE KWOK WING v. CHUNG CHUEN HEI

Citation

LEE KWOK WING v. CHUNG CHUEN HEI
Court

Court of First Instance
Case number

HCA809/2008

Defendant liable to account; Alleged Oral Agreement not proved and does not discharge liability; the claim is a liquidated pecuniary claim capable of ascertainment under the contractual formula; limitation applies because claim is contractual (s4(2) read with s4(7) by analogy) but the HK$18,200 dividend paid on 25 Oct 2002 amounted to a part payment under s23(3) which restarted the limitation clock so the Plaintiff is entitled to an account covering 1 Nov 2001 to the present (including the period to 9 May 2002) and an interim payment was ordered (HK$1,500,000) pending the detailed account; no…

Hong Kong Case Law

LI YAT CHEUNG v. LEE YAT SUN, the executor of the estate of LEE KA CHUAN, the Deceased

TUNG FAI v. WEI DONG

MILLION DECADE LTD v. TUNG FAI

HO YAN DEVELOPMENT CO v. FASHION ACCESSORIES INTERNATIONAL LTD

LEE KWOK WING v. CHUNG CHUEN HEI