Hong Kong Case Law: Decisions & Judgments

Topic

Res judicata (issue estoppel)

Legal area

Court

2 Aug 2017

CHOI CHI WAI t/r OLIVA CHOCOLATE CO v. HSIU JUI HEIN

Citation

CHOI CHI WAI t/r OLIVA CHOCOLATE CO v. HSIU JUI HEIN
Court

District Court
Case number

DCCJ1175/2015

The defendant's attempted relitigation is barred by res judicata because the Lands Tribunal has previously adjudicated and rejected the same factual and legal contentions (including estoppel from complaining about demolition works and absence of subletting evidence); the alleged oral agreement is not credible on the evidence and no new evidence was produced; accordingly the defence is not viable and the counterclaim is an abuse of process, warranting interlocutory judgment for the plaintiff with damages to be assessed and striking out of the Defence and Counterclaim.
23 Jun 2017

胡振華對周貴賢及另二人

Citation

胡振華對周貴賢及另二人
Court

Court of First Instance
Case number

HCPI903/2014

The second defendant was conclusively found to be the plaintiff’s employer (issue estoppel from DCEC 2408/2014); he breached contractual, tortious and statutory duties to ensure safety at height; the breach caused the plaintiff’s fall and injuries; damages were assessed at HKD 2,110,927 before set‑offs, net payable to plaintiff HKD 1,428,547 after set‑offs; costs ordered against the second defendant; no costs order against the ECA Fund given its filtering role and reasonable conduct in the litigation.
13 May 2016

CHEUNG TING KAU, VINCENT v. KOO SIU YING AND ANOTHER

Citation

CHEUNG TING KAU, VINCENT v. KOO SIU YING AND ANOTHER
Court

Court of First Instance
Case number

HCAP4/2011

No issue estoppel arose because the earlier decision merely recorded that no order was made and did not necessarily decide jurisdiction; the court has jurisdiction under s43(1) and RHC Ord 24 r 7A(5) to require non-party affidavits and production; the requested documents were relevant and likely in non-parties' possession and disclosure was necessary for a fair disposal given missing records from other sources, therefore disclosure and production orders were appropriate.
3 Jun 2011

HUA NING INDUSTRIES LTD v. BEST LEADER ENGINEERING LTD

Citation

HUA NING INDUSTRIES LTD v. BEST LEADER ENGINEERING LTD
Court

Court of First Instance
Case number

HCA1801/2008

Judge preferred the evidence of Mr Chan over that of Mr Sze and other witnesses, found no reliable evidence of the alleged oral non-participation agreements, held that Mr Chan as shareholder/mortgagee was entitled to exercise the rights attaching to the 88% shareholding (including transfer to Ms Lam and participation in the EGM), and dismissed the strike out application for want of authority.

Hong Kong Case Law

CHOI CHI WAI t/r OLIVA CHOCOLATE CO v. HSIU JUI HEIN

胡振華 對 周貴賢及另二人

CHEUNG TING KAU, VINCENT v. KOO SIU YING AND ANOTHER

HUA NING INDUSTRIES LTD v. BEST LEADER ENGINEERING LTD

胡振華對周貴賢及另二人