Hong Kong Case Law: Decisions & Judgments

Topic

Possessory lien

Legal area

Court

9 Jan 2024

SUCCESS LANE DEVELOPMENT LTD 對 FERGURSON HONG KONG LTD t/a NEW WORLD MILLENNIUM HONG KONG HOTEL

Citation

[2024] HKDC 68
Court

District Court
Case number

DCCJ2191/2023

The court dismissed the ex parte injunction and the stay application because the plaintiff failed to demonstrate genuine urgency or a material change of circumstances, had repeatedly abused the ex parte procedure, imposed unreasonable conditions that caused delay despite defendant's offers to relocate/repack under joint inspection, failed to provide an inventory or evidence of value or ability to compensate, and the stay application was procedurally defective under Order 45 r11 and should have been made post‑judgment to the judge who gave the judgment; accordingly both applications were revok…
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.
12 May 2010

GHIM LI GLOBAL INTERNATIONAL LTD v. WAH HUNG INTERNATIONAL (CHINA HONG KONG) TRANSPORTATION LTD

Citation

GHIM LI GLOBAL INTERNATIONAL LTD v. WAH HUNG INTERNATIONAL (CHINA HONG KONG) TRANSPORTATION LTD
Court

District Court
Case number

DCCJ2257/2009

The Court found Wah Hung had validly delivered invoices, Ghim Li breached the contract by failing to pay monthly statements within 30 days, Wah Hung was entitled to treat the contract as discharged and to exercise a general lien over Ghim Li's goods; the wrongful delivery to Cambodia was not Wah Hung's fault; accordingly Ghim Li's claims for consequential losses were dismissed and judgment entered for Wah Hung on its counterclaim in the net sum of HK$250,698.40 with HK$60,000 returned to Ghim Li; costs to follow the event with specified exception.
13 Jan 2010

LUCK CONTINENT LTD v. LEONORA YUNG AND OTHERS

Citation

LUCK CONTINENT LTD v. LEONORA YUNG AND OTHERS
Court

Court of First Instance
Case number

HCA2246/2009

The duty judge correctly granted the ex parte injunction because the Plaintiff established reasonable urgency and provided adequate disclosure; there was no material non-disclosure warranting discharge; the matter did not require initial determination by the companies judge; consequently the injunction stands and costs are payable by the Defendants to the Plaintiff, to be taxed and paid forthwith.
27 Oct 1998

LEE YUK LING LUCIA v. CHAN KWOK CHUNG t/a CHUNG HING MOTOR CO.

Citation

LEE YUK LING LUCIA v. CHAN KWOK CHUNG t/a CHUNG HING MOTOR CO.
Court

Court of First Instance
Case number

HCA7975/1997

On the balance of probabilities the plaintiff proved conversion: the defendant wrongfully retained the plaintiff's car without a lawful justification; accordingly the plaintiff was entitled to damages equal to the car's value at mid‑December 1996 ($120,000), repayment of the $15,000 paid on account, and an award for taxi costs ($25,000), totalling $160,000; the defendant's counterclaim dismissed.
10 Mar 1992

HANG CHEONG MOULD FTY. (A FIRM) v. RODOPI LTD. AND OTHERS

Citation

HANG CHEONG MOULD FTY. (A FIRM) v. RODOPI LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA912/1992

The ex parte injunction was discharged because material facts were not disclosed (split occupation of premises, Rodopi markings on many moulds, Anton Piller order and limited liens), undermining the fairness of the ex parte application; on the inter partes application the court declined equitable relief because damages were an adequate remedy for the plaintiff, the balance of convenience favoured the 1st defendant whose business depended on the moulds, the plaintiff's equitable claim was undermined by lack of clear possession/clear liens and by concerns about the plaintiff's and Earnway's con…
6 Jan 1986

WONG LEUNG WAH, ALIAS WONG LEUNG v. TSANG SAU HAN AND ANOTHER

Citation

WONG LEUNG WAH, ALIAS WONG LEUNG v. TSANG SAU HAN AND ANOTHER
Court

Court of First Instance
Case number

HCA982/1984

The partnership was dissolved effective 1 January 1983; the defendants' counterclaim for damages and fraud failed because alleged misrepresentations were not proved or were immaterial; neither party was awarded damages; accounts and enquiries are to be taken with findings that Yau Yee is entitled to specified reasonable charges (plastic parts HK$9.90 per set, assembly HK$6.80 per set and surplus parts HK$2,972.07) and prior recoveries (eg garnisheed HK$8,825.07) to be reflected in the accounts.
5 Dec 1980

M.K. LAM & CO (A FIRM) v. HONG KONG TELEPHONE CO LTD

Citation

M.K. LAM & CO (A FIRM) v. HONG KONG TELEPHONE CO LTD
Court

Court of Appeal
Case number

CACV156/1980

The Court of Appeal held that the garnishees had a valid possessory lien and that ordering payment of the monies into court had inadvertently prejudiced and effectively deprived them of that lien; the appeal was allowed and the orders were made to preserve the garnishees' lien while granting the appellants their costs and leaving other parties' costs reserved.