Hong Kong Case Law: Decisions & Judgments

Topic

Overpayment recovery

Legal area

Court

22 May 2020

九龍金華護老院有限公司 v. 鄒錚 AND ANOTHER

Citation

[2020] HKDC 229
Court

District Court
Case number

DCCJ2386/2016

2nd defendant had no authority to vary the 1st defendant's written employment terms beyond the 1 June 2011 letter; the 2nd defendant breached her fiduciary duty by authorising additional payments and the 1st defendant breached her fiduciary duty by accepting them without making inquiries; defendants jointly and severally liable to repay the overpayment subject to agreed set-off; counterclaim failed for lack of probative evidence and commercial reality of the Le Grand transaction; defendants must account for and return company records.
9 Feb 2018

CHING CHUEN KAM 對 LUI TING POR t/a POR KEE ENGINEERING CO 及另二人

Citation

[2018] HKDC 151
Court

District Court
Case number

DCEC1343/2013

Claimant found unreliable; contemporaneous medical records, independent expert joint reports and surveillance establish a pre-existing chronic lumbar condition and that the accident caused only a minor lumbar strain; experts conclude recovery within six months and minimal permanent impairment; court assessed permanent loss at 2%, temporary incapacity at 6 months and medical expenses for six months, calculated statutory awards totalling HK$148,864 but dismissed the application because claimant had already received HK$444,889 exceeding entitlement; respondents entitled to costs.
19 May 2017

HKSAR v. LAI KA YIN

Citation

HKSAR v. LAI KA YIN
Court

Court of First Instance
Case number

HCMA294/2016

The court upheld conviction because the undisclosed cheque deposits, shown by bank records and withdrawals and their timing relative to review interviews, became appellant's assets and supported an irresistible inference of concealment and intent to defraud; the magistrate did not misapply burden or the Ghosh test. On sentence, having weighed aggravating and mitigating factors, the court substituted a suspended term: original 4 months imprisonment suspended for 2 years.
6 Feb 2015

CHUNG YUK SUN v. CHAP SHING INDUSTRIAL CO LTD AND OTHERS

Citation

CHUNG YUK SUN v. CHAP SHING INDUSTRIAL CO LTD AND OTHERS
Court

District Court
Case number

DCEC1109/2014

The counterclaim was struck out because the ECR prescribes limited forms and pleadings for employees' compensation proceedings and does not permit a counterclaim; a claim for recovery or set-off of interim/periodical/advanced payments is not properly within the matters the court determines under the ECO and is impermissible in light of s10(4) ECO and relevant appellate authority (Kan Wai Ming). Judgment on liability was already entered against respondents, reinforcing the impropriety of the counterclaim.
24 Jul 2014

CRESTDREAM LTD v. POTTER INTERIOR DESIGN LTD

Citation

CRESTDREAM LTD v. POTTER INTERIOR DESIGN LTD
Court

Court of First Instance
Case number

HCCT32/2013

Master accepted the expert valuation and plaintiff's submissions: reinstatement costs of HK$90,000 are recoverable; plaintiff overpaid HK$2,006,088 after credit for refund; liquidated damages clause was a genuine pre-estimate and, given defendant's abandonment and no contractual provision terminating that liability, liquidated damages of HK$808,500 for 245 days are recoverable despite termination; plaintiff took reasonable steps to mitigate. Damages and interest awarded and costs summarily assessed.
6 Aug 2003

CHUNG PING HUEN v. LEIGHTON CONTRACTORS (ASIA) LTD AND OTHERS

Citation

CHUNG PING HUEN v. LEIGHTON CONTRACTORS (ASIA) LTD AND OTHERS
Court

District Court
Case number

DCEC169/2003

Because the medical evidence was finely balanced and the respondents demonstrated that by November 2002 the applicant's condition had likely stabilised, and because allowing the interim extension risked an irrecoverable overpayment, the court refused to extend periodical payments and held that the issue must be decided at trial with live expert evidence.
27 Aug 2001

YI FENG CONSULTANTS & ENGINEERING LTD. v. LAM LEE MING AND ANOTHER

Citation

YI FENG CONSULTANTS & ENGINEERING LTD. v. LAM LEE MING AND ANOTHER
Court

District Court
Case number

DCCJ22915/1999

The court dismissed both claims because the plaintiff failed to adduce reliable evidence to prove damages or the alleged 61% completion after making unsupported adjustments to the independent Architectural Services Department certificate, and the defendant likewise failed to prove the asserted 73% completion; although payments to employees and suppliers could be deducted in principle, there was insufficient admissible evidence to establish entitlement to recoveries or liabilities, so both claim and counter-claim failed and no costs were ordered.

Hong Kong Case Law

九龍金華護老院有限公司 v. 鄒錚 AND ANOTHER

CHING CHUEN KAM 對 LUI TING POR t/a POR KEE ENGINEERING CO 及另二人

HKSAR v. LAI KA YIN

CHUNG YUK SUN v. CHAP SHING INDUSTRIAL CO LTD AND OTHERS

CRESTDREAM LTD v. POTTER INTERIOR DESIGN LTD

CHUNG PING HUEN v. LEIGHTON CONTRACTORS (ASIA) LTD AND OTHERS

YI FENG CONSULTANTS & ENGINEERING LTD. v. LAM LEE MING AND ANOTHER