Hong Kong Case Law: Decisions & Judgments

Topic

Proceeding in absence of defendant

Legal area

Court

31 Dec 2025

HAITONG INTERNATIONAL PRODUCTS & SOLUTIONS LTD v. CHINA CREATE CAPITAL LTD

Citation

[2025] HKCFI 6482
Court

Court of First Instance
Case number

HCA2123/2020

Because the plaintiffs held final judgments, the garnishee and charging orders nisi were validly obtained and served, the garnishee did not oppose, and interveners either withdrew or could not establish proprietary priority (Mareva injunctions do not confer such priority), the court must make the garnishee orders nisi and charging order nisi absolute and may vary related injunctions to permit enforcement.
6 Jul 2021

XIAO MULAN FOR HERSELF AND ON BEHALF OF MEMBERS OF THE FAMILY OF TANG YEUK CHUN, DECEASED v. SUN WING HING AUTO ENGINEERING SERVICE CO LTD

Citation

[2021] HKDC 735
Court

District Court
Case number

DCEC2377/2018

On the totality of contemporaneous evidence, police and Labour Department records, witnesses and prior criminal trial testimony, the deceased was an employee of the respondent; the accident occurred in the course of employment; the respondent was liable under the Employees' Compensation Ordinance and the applicant discharged the burden of proof entitling her to statutory compensation of HK$900,000 (HK$21,000 + HK$4,000 x 36 months) with interest; the trial properly proceeded in the respondent's absence and the respondent's witness statement was disregarded under O 38 r 2A(6) but Labour Depart…
14 Jul 2017

DIALOG SERVICES SAUDI ARABIA CO LTD v. YOUTAI INTERNATIONAL TRADING CO LTD

Citation

DIALOG SERVICES SAUDI ARABIA CO LTD v. YOUTAI INTERNATIONAL TRADING CO LTD
Court

District Court
Case number

DCMP1215/2017

The uncontradicted evidence established that the plaintiff's payment was procured by fraud and valid service had been effected; equity therefore imposed a constructive trust on the defendant in respect of the US$70,800, and the court was entitled to grant declaratory relief and order the return of the funds in the defendant's absence to protect the plaintiff's proprietary interest.
30 Jun 2017

JOTZ, KLAUS-BERNHARD MARKUS v. HAMAWY, TAREK MAHMOUD

Citation

JOTZ, KLAUS-BERNHARD MARKUS v. HAMAWY, TAREK MAHMOUD
Court

Court of First Instance
Case number

HCA345/2014

The Settlement Agreement, read as a whole, superseded prior disputes and imposed binding repayment obligations on the defendants; the plaintiff proved the advances and entitlement to repayment under the settlement, and the court properly proceeded in the defendants' absence and entered judgment for the plaintiff for the amounts set out in the settlement repayment schedule.

Hong Kong Case Law

HAITONG INTERNATIONAL PRODUCTS & SOLUTIONS LTD v. CHINA CREATE CAPITAL LTD

XIAO MULAN FOR HERSELF AND ON BEHALF OF MEMBERS OF THE FAMILY OF TANG YEUK CHUN, DECEASED v. SUN WING HING AUTO ENGINEERING SERVICE CO LTD

DIALOG SERVICES SAUDI ARABIA CO LTD v. YOUTAI INTERNATIONAL TRADING CO LTD

JOTZ, KLAUS-BERNHARD MARKUS v. HAMAWY, TAREK MAHMOUD