Hong Kong Case Law: Decisions & Judgments

Topic

Rescission for misrepresentation

Legal area

Court

30 Jan 2026

HONG KONG BAPTIST HOSPITAL v. CHANG IRIS JACQUELINE

Citation

[2026] HKDC 194
Court

District Court
Case number

DCCJ378/2019

On the objective evidence the Defendant completed the payer particulars, provided a deposit cheque and other conduct which, together with the Admission Record & Agreement and the Letter of Indemnity, established an agreement by which the Defendant undertook personal liability to pay the Patient's hospital and medical expenses; the Defendant's assertions of a mutual understanding, agency-only role or misrepresentation were rejected on credibility and documentary grounds, so judgment is entered for the Plaintiff for HK$967,697 plus interest and costs.
10 Sept 2025

YIU CHING KUM AND ANOTHER v. YIU HO WING

Citation

[2025] HKCFI 4053
Court

Court of First Instance
Case number

HCA1654/2020

The DFA is admissible (or its material terms proved by secondary evidence and admissions), is not a stamped-chargeable transfer of beneficial interest in China Ease shares, and creates an express trust such that the Defendant holds 3,000 shares in China Ease on trust for the Plaintiffs in equal shares; the Chinese Document lacked the requisite certainties and did not create any trust in Defendant's favour; Defendant's allegations of misrepresentation, non-disclosure, abandonment and delay fail and he is barred from rescission; Defendant breached his trustee duties by refusing to transfer and…
14 Dec 2022

HUI (ANNIE) GUO v. YUEDONG XU AND OTHERS

Citation

[2022] HKCFI 3785
Court

Court of First Instance
Case number

HCCL3/2019

The court allowed the amendment application in large part because delay and the alleged prejudice were not sufficient to bar amendment absent a trial date and where prejudice appeared compensable by costs; the challenged pleas were not plainly defective and raised issues properly for trial; evidentiary matter in specific paragraphs was disallowed as inappropriate for pleadings.
19 Apr 2022

ORIENT FIRST CAPITAL LTD v. YAU PAK MAN as representative of the estate of YAU FOOK SUM deceased AND ANOTHER

Citation

[2022] HKCFI 1113
Court

Court of First Instance
Case number

HCMP1337/2019

The mortgagors validly executed the Mortgage which by its terms secured indebtedness of both the individual and the company; the defences of lack of knowledge, misrepresentation, non est factum and partial rescission fail as a matter of law and fact, rescission is impracticable because restitution in integrum is impossible, and the Deed of Settlement expressly preserved plaintiff's rights; there is no triable issue and summary relief for the plaintiff is appropriate to enforce the Mortgage including possession and sums awarded.
31 Dec 2021

葉偉鴻及另一人對葉偉霖

Citation

[2021] HKCFI 3924
Court

Court of First Instance
Case number

HCA225/2018

Court found plaintiffs failed to prove the 2013 transfer was a conditional gift or that a binding conditional agreement was made; the transfer document reflected the parties' chosen form and no clear enforceable post‑condition was expressed, so conditional gift and contractual breach claims failed. However the first plaintiff proved he relied on a false factual statement by the defendant (that the defendant did not own other property) inducing him to transfer his half‑share; that misrepresentation entitled the first plaintiff to rescind his half transfer. The mother’s property claims failed b…
1 Mar 2021

CHONG CHIN AND ANOTHER v. GUOAN INTERNATIONAL LTD

Citation

[2021] HKCFI 525
Court

Court of First Instance
Case number

HCCL9/2020

Defendant failed to show any triable arguable defence on believable evidence: the Deed acknowledged the debt, defendant repeatedly admitted liability after the Deed, the alleged misrepresentation and NAV complaints are unsupported or misconceived, the defendant was not a party to the Acquisition Agreement and so cannot set-off, and the only viable breach (dividend distribution) sounds in damages belonging to Exquisite Honour and is time-barred. Accordingly final judgment was entered for the Plaintiffs for HK$100,000,000 plus interest and costs.
29 Jul 2020

KEY SUCCESS (ASIA) LTD (formerly VENTURE PARTNER (ASIA) LTD v. CHEUNG KONG MACHINERY (HK) LTD

Citation

[2020] HKDC 591
Court

District Court
Case number

DCCJ46/2019

The court found the defendant adduced credible evidence meeting the statutory threshold under s905 (plaintiff's minimal paid-up capital, scaled-down premises, and plaintiff's failure to disclose financial evidence) but exercised its discretion to refuse security because the defendant's counterclaim overlaps materially with the plaintiff's claim so the same issues will be litigated anyway, and because the defendant had earlier represented in case management documents that it would not seek security and gave no explanation for the change; accordingly the application for security (and leave out…
19 Oct 2017

FAR WEALTH LTD AND ANOTHER v. LO KI MOU AND ANOTHER

Citation

FAR WEALTH LTD AND ANOTHER v. LO KI MOU AND ANOTHER
Court

Court of First Instance
Case number

HCA1617/2016

Although a party is not obliged to counterclaim, where two sets of proceedings between the same parties encompass the same issues and relief and one is significantly more advanced, the court exercising its inherent jurisdiction and guided by the underlying objectives may strike out the later proceedings as an abuse of process; Vendor Purchaser Summons under s12 Cap 219 can deal with misrepresentation and rescission, and HCMP 6/2016 should be converted to a writ so it alone proceeds.
13 Mar 2017

LIU QIAN v. SUNWAY INTERNATIONAL HOLDINGS LTD

Citation

LIU QIAN v. SUNWAY INTERNATIONAL HOLDINGS LTD
Court

Court of First Instance
Case number

HCA318/2016

The court held that the Instrument and Terms and Conditions, together with the company's bye-laws, created an express contractual entitlement treating the registered noteholder as absolute owner and excluding prior equities; Sunway failed to raise any believable defence that rescission for misrepresentation could defeat the plaintiff's contractual conversion rights at the summary judgment stage; accordingly judgment on liability was entered for the plaintiff and quantum was ordered to be assessed.
2 Nov 2016

WONG LUNG v. THE CHINESE UNIVERSITY OF HONG KONG EMPLOYEES CREDIT UNION

Citation

WONG LUNG v. THE CHINESE UNIVERSITY OF HONG KONG EMPLOYEES CREDIT UNION
Court

Court of First Instance
Case number

HCA1122/2010

The claim was dismissed and the Engagement Agreement set aside because the plaintiff entered the contract in breach of strict fiduciary duties without informed consent of members, the agreement involved unlicensed regulated activities contrary to SFO s114 and was therefore unenforceable on public policy grounds, it was ultra vires the credit union's statutory powers, and was rescindable for misrepresentation; accordingly the defendant was entitled to repayment, an account of profits and costs.