Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Pleadings and unpleaded defences

Legal area

Court

14 Jul 2025

KWAN KWOK KI v. WONG TUNG HUNG AND OTHERS

Citation

[2025] HKCFI 2936
Court

Court of First Instance
Case number

HCA1343/2014

On the court's factual findings that D1 (and through him D3) engaged in fraudulent misrepresentations, knowingly maintained a doomed case on matters within their knowledge, and ran unpleaded defences amounting to ambush, the totality of conduct justified exercising the court's discretion to vary the Costs Order Nisi and order indemnity costs against D1 and D3, including costs of the variation application.
17 Mar 2020

CHIM KWAN WO v. THE INCORPORATED OWNERS OF PEONY HOUSE EAST BLOCK

Citation

[2020] HKDC 111
Court

District Court
Case number

DCCJ5125/2016

The court accepted the plaintiff's and expert evidence that water leakage originated from the common flat roof, found the defendant had notice (from April 2015 or at latest May 2016) and unreasonably failed to take steps to remedy the defect, thereby breaching the DMC; the defendant could not rely on the unpleaded 1990/1991 materials and plaintiff was entitled to general and specific damages and a mandatory injunction (with specified limits on recoverable expert costs).