Hong Kong Case Law: Decisions & Judgments

Topic

Service and substituted service

Legal area

Court

20 May 2026

KONEW CAPITAL INTERNATIONAL LTD v. HO WAI HAN AND OTHERS

Citation

[2026] HKDC 920
Court

District Court
Case number

DCMP5961/2025

The Court was satisfied the Loan formed part of the secured facilities under the Mortgage, the requisite particulars for a money lender's action were contained in the supporting affirmation so originating summons was appropriate, service and notice requirements were properly satisfied, the 1st and 2nd Defendants were in default under the Loan Agreement and Mortgage, entitling the plaintiff to judgment for the calculated outstanding sums and to possession; partition was impracticable for the flat and an order for sale under section 6 of the Partition Ordinance was appropriate with the detailed…
10 Mar 2023

RE CHU JIARU

Citation

[2023] HKCFI 721
Court

Court of First Instance
Case number

HCB8394/2020

The Bankrupt succeeded in establishing a bona fide dispute on substantial grounds as to the debt because there were arguable, expert‑supported challenges to the valuation and appropriation of the FLL shares and the NAL loan under the relevant pledge terms and Luxembourg law; however, the court exercised its discretion to refuse annulment because the Bankrupt failed to provide a credible explanation for her absence at the hearing, failed to comply with statutory duties under s18 BO (no Hong Kong statement of affairs), engaged in evasive conduct, made selective disclosure, and there was a real…
19 Oct 2022

APEX INTELLIGENCE LTD v. CHAN HOI KUEN AND OTHERS

Citation

[2022] HKLdT 55
Court

Lands Tribunal
Case number

LDCS5000/2019

Tribunal held applicant entitled to bring the application under s.3(2)(b) applying the averaging exception because the buildings are connected by a staircase for common use; redevelopment was justified by age and structural/state-of-repair evidence; applicant had taken reasonable steps to acquire remaining interests where owners were missing or estates were restrained; Tribunal determined RDV at HKD 260,000,000, ordered sale of all undivided shares by public auction with appointed trustees, directed discharge or vesting arrangements for listed incumbrances and made specified costs orders.
3 Nov 2021

SUN FAI INVESTMENT DEVELOPMENT LTD v. CHAN BIN AND OTHERS

Citation

[2021] HKLdT 74
Court

Lands Tribunal
Case number

LDCS32000/2020

Applicant satisfied statutory requirements: ownership threshold met under the 80% specification, EUV accepted as fair and reasonable based on expert evidence, buildings are obsolete and in poor repair justifying redevelopment, applicant took reasonable steps to acquire remaining shares (including substituted service), therefore order for sale as merged site with reserve price $327,000,000 and apportionment by EUV is granted.
30 Nov 2020

SPOTTING BRIGHT LTD v. THE PERSONAL REPRESENTATIVES OF CHENG YU CHUN, DECEASED AND OTHERS

Citation

[2020] HKLdT 57
Court

Lands Tribunal
Case number

LDCS12000/2019

Applicants satisfied statutory conditions: they held the requisite majority; the Building is obsolete and in poor repair making redevelopment justified; expert valuation evidence established EUV at $770,090,000 and residual valuation established RDV/reserve price at $1,450,000,000; reasonable steps to acquire all undivided shares were taken (offer made and substituted service where necessary); therefore tribunal granted order for sale and ancillary directions.
23 Sept 2020

WONG TO YICK WOOD LOCK OINTMENT LTD v. BROOKLYE LTD AND ANOTHER

Citation

[2020] HKCFI 3155
Court

Court of First Instance
Case number

HCMP1496/2019

The court was satisfied beyond reasonable doubt that Brooklye Limited wilfully failed to comply with the consent judgment and that Yip Chi Wai, as sole director, was aware of the judgment, able to secure compliance and wilfully failed to do so; accordingly both the company and Yip were in contempt, leave to issue a writ of sequestration was granted against the company, Yip was sentenced to 6 months' imprisonment and costs were awarded to the plaintiff.
23 Jun 2020

有關楊葵的事宜

Citation

[2020] HKCFI 1257
Court

Court of First Instance
Case number

HCB3679/2019

The bankruptcy order was annulled because the statutory demand and bankruptcy petition were not properly brought to the debtor's attention: the creditor failed to take all reasonable steps (including inquiry at the village office and use of available email), and did not comply with the procedural requirements for substituted/newspaper service under the Bankruptcy Rules; because proper service is foundational to making a bankruptcy order, the order made on 6 November 2019 should not have been made and is annulled.
14 Mar 2018

LA DOLCE VITA FINE DINING GROUP HOLDINGS LTD v. ZHANG LAN

Citation

[2018] HKCFI 548
Court

Court of First Instance
Case number

HCMP586/2017

Judge found beyond reasonable doubt that Zhang had notice of the Order and Injunction (via courier, subsequent communications and solicitors), and that she intentionally failed to disclose assets of individual value HK$500,000 or more in breach of the disclosure obligation; but the court was not satisfied beyond reasonable doubt that Zhang remained the beneficial owner of SETL after transfer to Asiatrust or that she dissipated SETL assets in breach of the injunction, nor that she knowingly made the alleged false statements about the financing; the court therefore found contempt limited to dis…
6 Dec 2017

SKY REACH ENTERPRISES LTD AND OTHERS v. THE PRESONAL REPRESENTATIVE OF THE ESTATE OF CHAN KIT HEN, DECEASED

Citation

SKY REACH ENTERPRISES LTD AND OTHERS v. THE PRESONAL REPRESENTATIVE OF THE ESTATE OF CHAN KIT HEN, DECEASED
Court

Lands Tribunal
Case number

LDCS3000/2017

Applicants met the statutory ownership threshold (80%) under the specified Notice; the Tribunal accepted the valuers' EUV and RDV assessments in the absence of contradictory evidence; expert evidence established the Building is old and in poor repair making redevelopment justified; applicants took reasonable steps (no offer required where owner is missing); accordingly an order for sale by public auction with reserve price equal to the RDV of HKD81,200,000 and appointment of trustees to hold the respondent's share pending related proceedings was warranted.
20 May 2015

張才奎所託管中國山水投資有限公司股份相關員工 AND OTHERS v. 張才奎 AND ANOTHER

Citation

張才奎所託管中國山水投資有限公司股份相關員工 AND OTHERS v. 張才奎 AND ANOTHER
Court

Court of First Instance
Case number

HCA623/2015

Given serious issues to be tried, credible evidence of intimidation, attempted transfers and trustee conflicts, and qualitative risk of jeopardy to the trust property and beneficiaries' interests that could not be adequately remedied by damages or an injunction alone, the court exercised its equitable discretion to appoint independent receivers over the relevant parcel of CSI shares to preserve the property and voting rights pending trial.