Hong Kong Case Law: Decisions & Judgments

Topic

Particular lien

Legal area

Court

22 Sept 2014

RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. CHAN SHUI WOO

Citation

RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. CHAN SHUI WOO
Court

Court of Appeal
Case number

CACV164/2013

The Court held that the illegality defence failed because Saitek did not rely on illegal performance and, applying a proportionality/public policy analysis, it would be disproportionate to refuse enforcement of the contractual payment claims; however Saitek failed to prove particulars and sums required for a particular lien so Timely's counterclaim succeeded for RMB569,000 which was to be set off against the judgment sums; costs were varied to reflect the outcome.
22 Sept 2014

RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. TIMELY ELECTRONICS COMPANY LTD

Citation

RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. TIMELY ELECTRONICS COMPANY LTD
Court

Court of Appeal
Case number

CACV165/2013

The Court held that although parts of the Agreement's performance contravened PRC law (2nd and 4th illegality), Saitek did not rely on illegal performance for its claims and the illegality was shared and not sufficiently serious; applying the proportionality test the contract should be enforced. Saitek failed to prove particulars to sustain a particular lien; Timely succeeds on its counterclaim for wrongful detention (RMB569,000) and that sum is to be set off against Saitek's judgment; costs are apportioned 50% at trial and appeal costs awarded 50% to Saitek.
7 Jan 2014

RYDER INDUSTRIES LTD (formerly SAITEK LTD) v. TIMELY ELECTRONICS CO LTD

Citation

RYDER INDUSTRIES LTD (formerly SAITEK LTD) v. TIMELY ELECTRONICS CO LTD
Court

Court of First Instance
Case number

HCA2358/2007

Deputy High Court Judge formed a preliminary view that defendants had established good grounds of appeal on the two main issues (particular lien and effect of illegality), and combined with the defendants' undertaking to pay the whole judgment sum and interest into court and after balancing prejudice, the court exercised its discretion to grant a stay of execution and retain the fund in court pending the appeal.
7 Jan 2014

RYDER INDUSTRIES LTD (formerly SAITEK LTD) v. CHAN SHUI WOO

Citation

RYDER INDUSTRIES LTD (formerly SAITEK LTD) v. CHAN SHUI WOO
Court

Court of First Instance
Case number

HCA109/2009

The court formed a preliminary view that the defendants had established arguable grounds of appeal on both the particular lien issue and the effect of illegality; payment into court alone was insufficient to protect the plaintiff's position but, balancing the factors and having regard to the undertakings and preliminary merits, a stay of execution was justified pending appeal, subject to defendants paying the whole judgment sum and interest into court and the court retaining the fund.
11 Jul 2013

RYDER INDUSTRIES LTD v. TIMELY ELECTRONICS CO LTD

Citation

RYDER INDUSTRIES LTD v. TIMELY ELECTRONICS CO LTD
Court

Court of First Instance
Case number

HCA2358/2007

The Agreement and its variations were enforceable in Hong Kong. Although some aspects of performance breached PRC administrative/customs rules, those breaches were primarily administrative, shared between parties, not iniquitous, and did not taint the contract so as to bar enforcement; Saitek proved entitlement to HK$6,502,555.15, interest at BLR+1% from 1 Sept 2007, the guarantee by Chan is enforceable, and Saitek validly retained Timely's machinery by way of a particular lien, so Timely's counterclaims fail.
25 Feb 2011

HONG KONG AIRCRAFT ENGINEERING CO LTD v. THE JOINT AND SEVERAL LIQUIDATORS OF OASIS GROWTH AND INCOME INVESTMENTS LTD

Citation

HONG KONG AIRCRAFT ENGINEERING CO LTD v. THE JOINT AND SEVERAL LIQUIDATORS OF OASIS GROWTH AND INCOME INVESTMENTS LTD
Court

Court of First Instance
Case number

HCCW133/2008

HAECO does not have a security interest in the Aircraft Documents or the Cabin Inventory Assets: the aircraft and documents were not shown to be a composite chattel giving rise to a particular lien; HAECO lacked the requisite right of continued possession; the Service Agreement and regulatory regime (Air Navigation (Hong Kong) Order 1995) and the contractual security regime preclude the asserted liens; agent's and general lien claims fail for want of agency, custom or superiority to third-party interests.
25 Feb 2011

HONG KONG AIRCRAFT ENGINEERING CO LTD v. THE JOINT AND SEVERAL LIQUIDATORS OF OASIS HONG KONG AIRLINES LTD (IN LIQUIDATION)

Citation

HONG KONG AIRCRAFT ENGINEERING CO LTD v. THE JOINT AND SEVERAL LIQUIDATORS OF OASIS HONG KONG AIRLINES LTD (IN LIQUIDATION)
Court

Court of First Instance
Case number

HCCW132/2008

HAECO's claims for possessory liens (particular, agent and general) over the Aircraft Documents and Cabin Inventory Assets fail: HAECO lacked the requisite right to continued possession; the aircraft and documents were not shown to be a composite chattel for lien purposes; the Service Agreement and statutory/regulatory framework precluded the asserted liens; industry custom was not established; consequently HAECO has no security interest in those assets.
13 Jun 2008

LUI CHI YUEN v. KINGSWAY CARS SERVICE LTD

Citation

LUI CHI YUEN v. KINGSWAY CARS SERVICE LTD
Court

District Court
Case number

DCCJ5066/2007

The O.14A application was dismissed because whether the Defendant’s lien was extinguished or revived depends on fact-sensitive issues of fraud and agency which were not resolved on the papers; if delivery was induced by fraud the lien may revive on repossession, so the matter must proceed to full trial.