Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Remoteness and policy

  • 13 Mar 2003

    GUANG XIN ENTERPRISES LTD v. KWAN WONG TAN & FONG (a firm)

    Citation
    GUANG XIN ENTERPRISES LTD v. KWAN WONG TAN & FONG (a firm)
    Court
    Court of Appeal
    Case number
    CACV263/2002

    The statement of claim, as pleaded, did not disclose a valid cause of action in respect of the Wantong, Life Circle and Standard Corporation matters because of inadequate particulars of causation, lack of clear averments as to who would have acted to prevent loss and insufficiently pleaded control by the parent; however the sales loss claims were not dismissed on public policy/remoteness grounds and the plaintiff was granted leave to apply to amend within 21 days from handing down to attempt to plead viable causes of action.

  • 13 Mar 2003

    GUANG XIN ENTERPRISES LTD v. KWAN WONG TAN & FONG (a firm)

    Citation
    GUANG XIN ENTERPRISES LTD v. KWAN WONG TAN & FONG (a firm)
    Court
    Court of Appeal
    Case number
    CACV292/2002

    The Court held the statement of claim did not disclose a valid cause of action as pleaded: Wantong and Life Circle claims lacked required particulars linking auditors' alleged breaches to the avoided loss (including who would have acted and how), and the Standard Corporation claim was pleaded so unclearly as to be incomprehensible; however the policy/remoteness argument was insufficient to strike out the sales loss claims. The Court dismissed the appeal against the striking out but allowed the plaintiff a limited opportunity (21 days) to apply to amend the statement of claim.