Hong Kong Case Law: Decisions & Judgments

Topic

Solicitor conflict of interest

Legal area

Court

20 Dec 2011

AU LEUNG SHUET HUNG AND OTHERS v.AU WING LUN AND ANOTHER

Citation

AU LEUNG SHUET HUNG AND OTHERS v.AU WING LUN AND ANOTHER
Court

Court of First Instance
Case number

HCA1954/2011

Because the client (Sarah Au) had full knowledge of the alleged conflicts and expressly chose the 1st and 2nd defendants, that informed choice negated the basis for restraining representation; the 1st defendant would not act as advocate at trial and section 42 prevented him acting as executor pending administration, so there was no real risk to the administration of justice warranting exercise of the court's inherent jurisdiction to restrain.
2 Feb 2007

MUNG CHI KEUNG v. CHAN KAM WONG AND ANOTHER

Citation

MUNG CHI KEUNG v. CHAN KAM WONG AND ANOTHER
Court

Court of Appeal
Case number

CACV374/2005

Because the solicitors continued to act despite an obvious and serious conflict of interest, failed to advise the applicant of the realistic alternative of pursuing a professional negligence claim against them, and encouraged an appeal without properly protecting the applicant's interests, the firm failed to show cause why it should not bear all costs of the appeal; accordingly the firm must pay all costs incurred by the applicant in the appeal.
10 May 2006

TED OHYA v. ABDO A. OSMAN

Citation

TED OHYA v. ABDO A. OSMAN
Court

District Court
Case number

DCCJ4042/2005

Application to disqualify counsel was dismissed because there was no credible material demonstrating a conflict of interest and the current proceedings concern a personal debt independent of the shareholder dispute, which must be resolved in separate proceedings.
28 Oct 2002

DAO HENG BANK LTD. v. HO YIN YUK AND ANOTHER

Citation

DAO HENG BANK LTD. v. HO YIN YUK AND ANOTHER
Court

Court of First Instance
Case number

HCMP644/2000

The court found Ho was under undue influence by Lam and Bevan; the Plaintiff bank was affected because the relationship was non-commercial and the bank had constructive notice or sufficient suspicion to put it on inquiry and it failed to make requisite inquiries or obtain independent advice for Ho; accordingly the legal charges are avoidable by Ho and the Plaintiff cannot enforce them against her; third party claims against the solicitor were dismissed on the facts before the court.
12 Jan 2000

NISHIMATSU-COSTAIN-CHINA HARBOUR JOINT VENTURE v. IP KWAN & CO. (a firm)

Citation

NISHIMATSU-COSTAIN-CHINA HARBOUR JOINT VENTURE v. IP KWAN & CO. (a firm)
Court

Court of First Instance
Case number

HCA19448/1999

Ip Kwan breached Regulations 9.01 and 9.03 of the Hong Kong Solicitors' Guide by agreeing to act for clients with directly opposing interests in related proceedings; consequently it must withdraw from representing Nishimatsu and is restrained from acting for Ming An in the arbitration and related High Court proceedings arising from the May 1996 accident.
16 Jul 1998

MEI YU LAU v. SHIU KI LAU and Others

Citation

MEI YU LAU v. SHIU KI LAU and Others
Court

Court of First Instance
Case number

HCA1063/1995

Bankruptcy of the principal debtor did not automatically deprive the judgment creditor of standing to seek preservative mareva/discovery relief and declaratory relief against third parties where the relief sought is to identify assets beneficially belonging to the bankrupt and not to obtain preferential satisfaction; Mercantile Group governs and the plaintiff is an interested party; accordingly the stay was dismissed, the Official Receiver was ordered joined as D6, limited discovery and trial against D5 were ordered, and the plaintiff's solicitors were permitted to continue subject to safegua…
12 Mar 1997

CHEKIANG FIRST BANK LTD. v. FONG SIU KIN and Another

Citation

CHEKIANG FIRST BANK LTD. v. FONG SIU KIN and Another
Court

Court of Appeal
Case number

CACV242/1996

Appeal dismissed: appellant failed to prove actual undue influence or to establish facts giving rise to a presumption of undue influence against the bank; no evidence that the bank knew or ought to have known of any undue influence by the customer; consequently the mortgage stood and the court properly awarded costs on a solicitor-and-own-client basis in exercise of its s52A discretion consistent with contractual clause and authority.
19 Jul 1968

WONG SAI KIT v. FONG KWOK LEUNG AND OTHERS

Citation

WONG SAI KIT v. FONG KWOK LEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA1245/1966

The court held the plaintiff validly acquired and could enforce the Gar Chew mortgage and the personal covenants because the mortgages were executed within the scope of the third defendant's power of attorney and/or the third defendant was estopped from denying authority; the unregistered sale agreement could not defeat the mortgagee under the Land Registration Ordinance; however the third party solicitors breached their duties to the third defendant (conflict of interest/misfeasance) and must indemnify him for the plaintiff's judgment and costs.