Hong Kong Case Law: Decisions & Judgments

Topic

Separate legal entity

Legal area

Court

6 Jan 2026

TAM YUK CHING AND OTHERS v. HOOSENALLY & NEO (a firm)

Citation

[2026] HKCFI 122
Court

Court of First Instance
Case number

HCA1511/2020

Court found on objective analysis that Madam Tam was not HN's client; HN's retainer was to Blissful Voice in a conveyancing role instructed via director Ngai; Ngai's knowledge was attributable to the company; the alleged wider duties (to advise on commercial valuation, to investigate vendor/nominee arrangements beyond conveyancing checks, or to advise the majority shareholder personally) were not owed; no breach of the pleaded duties was established and the plaintiffs' claim was dismissed with costs to HN.
3 Feb 2023

GENERAL LITE GROUP CORP. v. T & L SECURITIES LTD

Citation

[2023] HKCFI 315
Court

Court of First Instance
Case number

HCMP2113/2021

The court concluded the defendant's grounds of appeal were not arguable because the judge had considered the separate legal personality and properly applied the proper purpose test under s.740; the defendant's submissions misread the judgment and therefore the application for stay of execution pending appeal was dismissed, with only a 14‑day interim stay granted to permit an application to the Court of Appeal.
12 May 2014

FANCYMIND INC v. CENTRAL BILLION INC AND OTHERS

Citation

FANCYMIND INC v. CENTRAL BILLION INC AND OTHERS
Court

Court of First Instance
Case number

HCCW375/2011

The judge held that Re Yung Kee did not mandate striking out because the present companies directly held significant assets and engaged in activities in Hong Kong, making the facts distinguishable; considering all circumstances there was a sufficient connection to invoke s327 jurisdiction and it was not a plain error of law to refuse striking out; accordingly leave to appeal was granted only on the discrete legal grounds (1–3) concerning separate legal entity and scope of s327 and refused on factual/weight grounds (4–9).
16 May 2012

TO CHUN WA AND ANOTHER v. GOLDSORT CO LTD AND OTHERS

Citation

TO CHUN WA AND ANOTHER v. GOLDSORT CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP563/2011

The charging order nisi was made absolute because the plaintiffs failed to establish any legally cognizable entitlement to the company's rental income or any real issue as to beneficial ownership of the charged Taikoo Shing property; the alleged setoff was without legal foundation and late valuation evidence was inadmissible, and the plaintiffs made no proposal to pay the judgment debt.
31 May 2007

WONG KWAI MING v. YEUNG SHUET PING

Citation

WONG KWAI MING v. YEUNG SHUET PING
Court

Court of Appeal
Case number

CACV350/2006

The Court accepted the defendant's evidence and handwritten notes as supported by documentary items and credible witnesses, concluded the plaintiff and his wife lacked credibility and had attempted to fabricate or suppress evidence (notably the HK$90,000 matter), held that destruction of notebooks did not automatically negate weight to the notes in the circumstances, and found no error in allowing the defendant's set-off; consequently the appeal was dismissed and the recorder's judgment and order for the defendant to recover HK$269,352 was upheld.
14 Nov 2006

HEBEI ENTERPRISES LTD AND ANOTHER v. LIVASIRI & CO (a firm) AND ANOTHER

Citation

HEBEI ENTERPRISES LTD AND ANOTHER v. LIVASIRI & CO (a firm) AND ANOTHER
Court

Court of First Instance
Case number

HCA2967/2002

On the evidence (qualified audited reports, absence of up-to-date management accounts, and the relevant property being held by a subsidiary), the court was satisfied on balance that there was reason to believe the plaintiffs themselves would be unable to pay Mr Emerson's costs and exercised its discretion to order security; the appropriate quantum after deductions was fixed at HK$792,607 to be paid into court within 21 days, failing which proceedings against Mr Emerson are stayed.

Hong Kong Case Law

TAM YUK CHING AND OTHERS v. HOOSENALLY & NEO (a firm)

GENERAL LITE GROUP CORP. v. T & L SECURITIES LTD

FANCYMIND INC v. CENTRAL BILLION INC AND OTHERS

TO CHUN WA AND ANOTHER v. GOLDSORT CO LTD AND OTHERS

WONG KWAI MING v. YEUNG SHUET PING

HEBEI ENTERPRISES LTD AND ANOTHER v. LIVASIRI & CO (a firm) AND ANOTHER