Hong Kong Case Law: Decisions & Judgments

Topic

Possession of goods

Legal area

Court

30 Jun 2003

KONG SHUN MINI WAREHOUSE v. HAHN SHIN MICHELINE SUCKHI

Citation

KONG SHUN MINI WAREHOUSE v. HAHN SHIN MICHELINE SUCKHI
Court

Court of First Instance
Case number

HCSA30/2003

Leave to appeal was refused because the Tribunal correctly found on the evidence that a written lease existed and substantial arrears remained; the Defendant offered only unsubstantiated suspicion about the disposition of her goods and failed to identify any material error in the Tribunal's discretionary decision-making.
29 Mar 2000

BAYER POLYMERS CO. LTD. v. THE INDUSTRIAL AND COMMERCIAL BANK OF CHINA, HONG KONG BRANCH

Citation

BAYER POLYMERS CO. LTD. v. THE INDUSTRIAL AND COMMERCIAL BANK OF CHINA, HONG KONG BRANCH
Court

Court of First Instance
Case number

HCCL307/1998

Summary judgment was refused because contemporaneous evidence from Wuxi Post Office Express Mail Services created a genuine dispute of fact about whether the bank received the bill of lading; the court could not safely resolve that factual conflict on affidavits alone, so the defendant must be allowed to defend.
22 Jul 1999

SILVER CHANCE LTD. v. CHINA SCI-TECH HOLDINGS LTD.

Citation

SILVER CHANCE LTD. v. CHINA SCI-TECH HOLDINGS LTD.
Court

Court of First Instance
Case number

HCA1769/1999

The judge determined that the defendants' defence was shadowy and granted conditional leave to defend only on the condition that the whole sum claimed be paid into court within 14 days; failure to comply would result in judgment for the plaintiff for the sum claimed and costs in both actions.
17 Jun 1997

NKY (HONG KONG) LTD v. WILFORD LTD AND ANOTHER

Citation

NKY (HONG KONG) LTD v. WILFORD LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP1405/1997

The Court (majority) granted leave to appeal because there was a real prospect that the central issue — whether NYK reasonably expected to be sued and thus rightly invoked interpleader — and whether the judge misdirected himself or failed to take into account prior settlement and other relevant matters affecting the exercise of discretion as to costs, warranted appellate consideration.
23 Dec 1980

UNITED TEXTILES LTD v. GOLDEN CITY WEAVING FACTORY LTD

Citation

UNITED TEXTILES LTD v. GOLDEN CITY WEAVING FACTORY LTD
Court

Court of First Instance
Case number

HCA2089/1980

On the balance of probabilities the defects were more likely caused by the dyeing/sizing of the yarn by the plaintiff rather than by the defendant's finishing; therefore the plaintiff's claim for breach is dismissed and the defendant's counterclaim for processing charges succeeds for $100,000 plus interest.
7 Oct 1974

SCIENTIFIC DYEING & FINISHING WORKS LTD v. WING FUNG FIBRE INDUSTRIAL CO LTD

Citation

SCIENTIFIC DYEING & FINISHING WORKS LTD v. WING FUNG FIBRE INDUSTRIAL CO LTD
Court

Court of First Instance
Case number

HCA2184/1973

The court found plaintiffs performed under the written contract and under the oral contracts and that, while some defects were caused during the plaintiffs' dyeing and setting, the defendants failed to prove that their customer lawfully rejected the goods so as to establish a recoverable loss; plaintiffs were willing to deliver remaining goods but defendants declined to arrange delivery or permit mitigation; accordingly plaintiffs recover the contract sums plus interest and costs and the defendants' counterclaim is dismissed.

Hong Kong Case Law

KONG SHUN MINI WAREHOUSE v. HAHN SHIN MICHELINE SUCKHI

BAYER POLYMERS CO. LTD. v. THE INDUSTRIAL AND COMMERCIAL BANK OF CHINA, HONG KONG BRANCH

SILVER CHANCE LTD. v. CHINA SCI-TECH HOLDINGS LTD.

NKY (HONG KONG) LTD v. WILFORD LTD AND ANOTHER

UNITED TEXTILES LTD v. GOLDEN CITY WEAVING FACTORY LTD

SCIENTIFIC DYEING & FINISHING WORKS LTD v. WING FUNG FIBRE INDUSTRIAL CO LTD