Hong Kong Case Law: Decisions & Judgments

Topic

Pari delicto

Legal area

Court

30 Oct 2017

LI PO LAI AND ANOTHER v. TAI WO FINANCE LTD

Citation

LI PO LAI AND ANOTHER v. TAI WO FINANCE LTD
Court

District Court
Case number

DCCJ556/2017

Deductions of $20,000, $14,000 and $8,000 from the three loans contravened s27(1) MLO; applying the public interest framework, denial of recovery would defeat statutory protection of borrowers so the plaintiffs are entitled to recover the $42,000 deducted; summary judgment is appropriate for that amount with interest, while the defendant is granted leave to defend the remainder of the claim.
16 Dec 2014

CHENG HUNG KIT AND OTHERS v. TASTY CATERING GROUP LTD AND OTHERS

Citation

CHENG HUNG KIT AND OTHERS v. TASTY CATERING GROUP LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1137/2011

The court dismissed the striking-out summons because the asserted grounds (multiplicity and warehousing) failed and, given the parties were in pari delicto, made no order as to costs; the Chengs' application to adduce two late affirmations was refused as unnecessary to the dismissal and prejudicial because it would cause adjournment; consolidation was identified as the practical solution to the impasse.
28 Dec 2009

TIU SUM FAT AND OTHERS v. SHUN SING DEVELOPMENT LTD AND ANOTHER

Citation

TIU SUM FAT AND OTHERS v. SHUN SING DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1746/2005

The agreements were held unenforceable because performance would necessarily involve making or continuing a misrepresentation to the Government (the nominee owner had falsely held himself out as true owner to obtain a small house building licence); plaintiffs and 1st defendant were in pari delicto (both had knowledge or were imputed with knowledge of the nominee arrangement) so plaintiffs cannot recover the deposits; locus poenitentiae failed because the illegal purpose had been substantially performed (building licence granted); claim against 2nd defendant dismissed as he neither received de…
22 Nov 2001

SO KWOK YAN & SO KWOK WAI trading as GLORIA KINDERGARTEN (NORFOLK EXTENSION) v. CHING HONG YUEN & OTHERS

Citation

SO KWOK YAN & SO KWOK WAI trading as GLORIA KINDERGARTEN (NORFOLK EXTENSION) v. CHING HONG YUEN & OTHERS
Court

Court of First Instance
Case number

HCSA25/2000

The appeal was dismissed because restitution for excess school fees charged in contravention of Regulation 61 is available to parents who paid in ignorance where the payee (the Kindergarten/Appellants) acted mala fide or bore primary responsibility for the illegality; the Adjudicator properly found the Appellants knew the charges were unlawful and misled parents so they were not in pari delicto, mistake of law supported restitution, and the change of position defence failed on the facts; procedural complaints did not raise sustainable points of law and did not vitiate the Tribunal's decision.
21 Aug 2001

ESTINAH v. GOLDEN HAND INDONESIAN EMPLOYMENT AGENCY

Citation

ESTINAH v. GOLDEN HAND INDONESIAN EMPLOYMENT AGENCY
Court

Court of First Instance
Case number

HCSA6/2001

The court held the claimant had valid causes of action: restitution for economic duress, restitution because the parties were not in pari delicto, and a private cause of action for breach of statutory duty under section 57(a) and related Regulations. Although claims founded on economic duress and non‑pari delicto arise from failure to comply with the Employment Ordinance and thus fall within the Labour Tribunal's jurisdiction, the breach of statutory duty is a cause of action in tort excluded from the Labour Tribunal by paragraph 3 of its Schedule and therefore was properly heard in the Small…

Hong Kong Case Law

LI PO LAI AND ANOTHER v. TAI WO FINANCE LTD

CHENG HUNG KIT AND OTHERS v. TASTY CATERING GROUP LTD AND OTHERS

TIU SUM FAT AND OTHERS v. SHUN SING DEVELOPMENT LTD AND ANOTHER

SO KWOK YAN & SO KWOK WAI trading as GLORIA KINDERGARTEN (NORFOLK EXTENSION) v. CHING HONG YUEN & OTHERS

ESTINAH v. GOLDEN HAND INDONESIAN EMPLOYMENT AGENCY