Hong Kong Case Law: Decisions & Judgments

Topic

Restitution for total failure of consideration

Legal area

Court

15 Apr 2026

MAI, JIEPING TRADING AS FAI TAT RMB EXCHANGE v. WONG, CHI HUNG

Citation

[2026] HKCFA 14
Court

Court of Final Appeal
Case number

FACV5/2025

Where a contract governed by Hong Kong law is unenforceable because of foreign (Mainland) illegality, a Hong Kong unjust enrichment claim for total failure of consideration governed by Hong Kong law will be upheld except in rare cases where enforcement would offend comity or constitute or endorse a violation of the foreign law; apply the range‑of‑factors approach to weigh seriousness and centrality of illegality and comity concerns; unjust enrichment is a distinct obligation from contractual enforcement.
27 Feb 2025

BUILD KING CONSTRUCTION LTD formerly known as KADEN CONSTRUCTION LTD v. SAM WOO BORE PILE FOUNDATION LTD AND ANOTHER

Citation

[2025] HKCFI 894
Court

Court of First Instance
Case number

HCCT4/2023

The application to re-amend was dismissed because the bulk of the proposed new cause of action was prima facie statute-barred and fact‑sensitive (continuing breach disputed) such that it could not properly be decided on interlocutory amendment; the abatement of price defence (not caught by limitation) lacked adequate particularisation and the proposed counterclaim quantum was speculative, therefore the overall amendment application failed and must be refused, with leave to bring a fresh properly particularised application or new proceedings.
20 Nov 2023

CRB (a firm) v. MARK RICHARD CHARLTON SUTHERLAND

Citation

[2023] HKCFI 2984
Court

Court of First Instance
Case number

HCA1895/2020

Leave to amend the Defence and Counterclaim was granted in respect of particulars for negligence, breach of contract and fiduciary duty because the amendments advanced the real issues and delay alone did not justify refusal; however the new restitution claim for total failure of consideration was expunged because CRB had performed legal services and partial performance defeats total failure of consideration. The defendant's negligence counterclaim arose from the same subject matter as CRB's claim and was not so obviously untenable that summary judgment should be entered; accordingly the defen…

Hong Kong Case Law

MAI, JIEPING TRADING AS FAI TAT RMB EXCHANGE v. WONG, CHI HUNG

BUILD KING CONSTRUCTION LTD formerly known as KADEN CONSTRUCTION LTD v. SAM WOO BORE PILE FOUNDATION LTD AND ANOTHER

CRB (a firm) v. MARK RICHARD CHARLTON SUTHERLAND