Hong Kong Case Law: Decisions & Judgments

Topic

Pleading adequacy

Legal area

Court

5 May 2022

PEACE MARK (HOLDINGS) LTD (IN LIQUIDATION) AND ANOTHER v. CHAU CHAM WONG PATRICK AND OTHERS

Citation

[2022] HKCFI 1623
Court

Court of First Instance
Case number

HCA2371/2009

The court allowed the proposed amendments because the contested matters were either already pleaded (against Tsang) or reflected in the List of Agreed Issues, the lateness was attributable to an understandable oversight, and no real prejudice was shown that could not be compensated by costs; however Amendment (i) was refused as regards Leung because he was not relying on Article 166 and permitting it would unfairly move the goalposts against him at a late stage.
21 Sept 2020

CREDIT ONE FINANCE LTD v. YEUNG KWOK CHI AND OTHERS

Citation

[2020] HKCFI 2450
Court

Court of First Instance
Case number

HCA33/2016

The court found on the balance of probabilities that D2 did not execute the POA (forged/impostor was used), therefore the POA conferred no authority on D1 and the Initial Loan Agreement, Mortgage and Loan Agreement are not binding on D2; the plaintiff's restitutionary claim in principle was available but failed because D2 established a change of position defence (sums paid into a joint account were withdrawn without her knowledge), and the plaintiff's claims against D3 for negligence, fraudulent/negligent misrepresentation and breach of warranty of authority failed because D3 did not assume r…
12 Jun 2018

CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC AND ANOTHER

Citation

[2018] HKCA 344
Court

Court of Appeal
Case number

CACV33/2017

The Court of Appeal upheld the trial judge's finding that the CP representation was a fraudulent misrepresentation that induced the Plaintiffs to purchase shares; it dismissed the appeal against liability and costs but held the trial judge erred in principle by awarding pre-judgment interest at judgment (Canadian) rates and substituted Hong Kong prime rate plus 1% as the appropriate pre-judgment rate given the money was paid in Hong Kong; the court affirmed the trial judge's imposition of indemnity costs and enhanced interest under Order 22 r24 and ordered costs of the appeal against the Defe…
27 Jan 1987

WONG SHUN also known as SAM WONG v. OVERSEAS TRUST BANK LTD

Citation

WONG SHUN also known as SAM WONG v. OVERSEAS TRUST BANK LTD
Court

Court of Appeal
Case number

CACV102/1986

By majority the Court of Appeal affirmed the trial judge: the agency agreement was not terminated by the Harapan memorandum because that sale was not consummated, the defendant had released the plaintiff from negotiating so the plaintiff's lack of negotiation did not defeat his claim, and on the facts the plaintiff's disclosure was the effective cause of the eventual sale — therefore the plaintiff was entitled to the commission awarded ($18,000,000).

Hong Kong Case Law

PEACE MARK (HOLDINGS) LTD (IN LIQUIDATION) AND ANOTHER v. CHAU CHAM WONG PATRICK AND OTHERS

CREDIT ONE FINANCE LTD v. YEUNG KWOK CHI AND OTHERS

CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC AND ANOTHER

WONG SHUN also known as SAM WONG v. OVERSEAS TRUST BANK LTD