Hong Kong Case Law: Decisions & Judgments

Topic

Repayment of deposits

Legal area

Court

30 Oct 2025

P.B. GROUP LTD (FORMERLY KNOWN AS HANGKAN GROUP LTD AND FEISHANG NON-METAL MATERIALS TECHNOLOGY LTD) v. LITUO ENTERPRISE (HK) LTD AND ANOTHER

Citation

[2025] HKCFI 5146
Court

Court of First Instance
Case number

HCA2450/2018

Plaintiff failed to discharge the legal burden to prove authenticity and provenance of the disputed agreements; the court found the plaintiff's witnesses and documentary trail unreliable, significant missing contemporaneous evidence and plausible motives for false representation, so on the balance of probabilities the disputed agreements were not genuine and the contractual claims therefore fail.
30 Oct 2025

P.B. GROUP LTD (FORMERLY KNOWN AS HANGKAN GROUP LTD AND FEISHANG NON-METAL MATERIALS TECHNOLOGY LTD) v. LITUO ENTERPRISE (HK) LTD

Citation

[2025] HKCFI 5146
Court

Court of First Instance
Case number

HCA2449/2018

Plaintiff failed to discharge the legal burden to prove the authenticity and provenance of the Disputed Agreements; significant gaps and absence of contemporaneous supporting material, unreliable witness evidence and non‑production of documents justified applying adverse inferences (the Maxim); on balance the court concluded the Disputed Agreements did not originate from the defendant and were forged, therefore the contractual claims were dismissed and costs awarded to the defendant.
3 Dec 2001

BILLION BEST (HONG KONG) LTD. v. AMITY INVESTMENT CO. LTD. AND ANOTHER

Citation

BILLION BEST (HONG KONG) LTD. v. AMITY INVESTMENT CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCMP2263/1998

Clause 7 did not preclude the purchaser from raising requisitions in respect of substantial unauthorised building works of which the vendors had actual knowledge but the purchaser did not; it would be unconscionable to construe the clause to force acceptance of a defective title known to the vendors; the purchaser had no actual knowledge until March 1998; the vendors failed to show and give a good title and the purchaser's requisition was properly raised and unanswered.
17 Apr 2001

MILIKING INTERNATIONAL LTD. v. SUPER KEEN INVESTMENTS LTD.

Citation

MILIKING INTERNATIONAL LTD. v. SUPER KEEN INVESTMENTS LTD.
Court

Court of First Instance
Case number

HCA15825/1999

There was no enforceable agreement to use best endeavours nor any sufficiently certain agreement to negotiate; the alleged arrangement was at most an agreement to negotiate later and therefore void for uncertainty; appeal dismissed and Master Jones's Order 14 judgment confirmed.
18 Jan 2000

KOT WAH LUNG AND ANOTHER v. PANG KO FAI

Citation

KOT WAH LUNG AND ANOTHER v. PANG KO FAI
Court

Court of Appeal
Case number

CACV363/1999

The Court of Appeal allowed the appeal and varied the lower court's order because the amended statement of claim did include the claim for a declaration of lien; the judge was mistaken in thinking otherwise. The court inserted the declaration of lien, corrected the reference from 'damages' to the purchasers' 'costs and expenses' of $44,600, and ordered the vendor to pay the purchasers' costs of the appeal subject to Order 42 rule 5(6)B.

Hong Kong Case Law

P.B. GROUP LTD (FORMERLY KNOWN AS HANGKAN GROUP LTD AND FEISHANG NON-METAL MATERIALS TECHNOLOGY LTD) v. LITUO ENTERPRISE (HK) LTD AND ANOTHER

P.B. GROUP LTD (FORMERLY KNOWN AS HANGKAN GROUP LTD AND FEISHANG NON-METAL MATERIALS TECHNOLOGY LTD) v. LITUO ENTERPRISE (HK) LTD

BILLION BEST (HONG KONG) LTD. v. AMITY INVESTMENT CO. LTD. AND ANOTHER

MILIKING INTERNATIONAL LTD. v. SUPER KEEN INVESTMENTS LTD.

KOT WAH LUNG AND ANOTHER v. PANG KO FAI