Hong Kong Case Law: Decisions & Judgments

Topic

Specific performance vs damages

Legal area

Court

4 Nov 2021

HONG KONG ZHIXIN FINANCIAL NEWS AGENCY LTD v. CHINA MAPLE LEAF EDUCATIONAL SYSTEMS LTD

Citation

[2021] HKCFI 3398
Court

Court of First Instance
Case number

HCA2973/2016

The summons for leave to adduce a supplemental witness statement was dismissed because the application was seriously and unjustifiably delayed, the evidence could and should have been included earlier without explanation, the asserted loss was not properly pleaded and was speculative, and specific performance was not an appropriate remedy for compelling allotment of freely traded shares where damages and mitigation (purchase of replacement shares) are adequate remedies.
15 Apr 2016

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

Citation

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS
Court

Court of Appeal
Case number

CACV158/2012

The Court of Appeal held that (1) a common law action on a foreign arbitral award is maintainable in Hong Kong and the court has jurisdiction to award damages for breach of the implied promise to honour the award (governed by lex fori), (2) the plaintiff must elect between the statutory judgment entered under the Arbitration Ordinance and pursuing damages in common law but the plaintiff had not made an informed irrevocable election because the restructure was undisclosed, and (3) the pleaded economic torts (inducing breach and unlawful means conspiracy) and the constructive trust claim failed…
21 Sept 2015

JOYFUL HAPPY LTD v. KINGSWAY INT’L (HK) CORPORATION LTD

Citation

JOYFUL HAPPY LTD v. KINGSWAY INT’L (HK) CORPORATION LTD
Court

Court of First Instance
Case number

HCA2211/2013

Court preferred plaintiff's evidence, found no pleaded or proved early termination clause, held defendant failed to prove mitigation or entitlement to deductions except stamp duty and mortgage interest; accordingly damages equal claimed rental profit minus agreed stamp duty and proven mortgage interest deduction, yielding HK$86,999.
28 May 2013

TAIBAO INVESTMENT AND MANAGEMENT (HONG KONG) CO LTD v. KARY ENTERPRISES (HOLDINGS) LTD AND ANOTHER

Citation

TAIBAO INVESTMENT AND MANAGEMENT (HONG KONG) CO LTD v. KARY ENTERPRISES (HOLDINGS) LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA642/2011

The master's leave to amend was set aside because the pleaded documents did not constitute a written acknowledgement within s23(3) Cap 347 and therefore could not answer the limitation defence; the plaintiff's claim against D2 was for damages (not a debt or liquidated sum) so s23(3) was inapplicable; consequently D1's appeal was allowed and D2 was granted extension of time to appeal and its appeal allowed.
13 Jun 2011

SHANDONG HONGRI ACRON CHEMICAL JOINT STOCK CO LTD v. PETROCHINA INTERNATIONAL (HONG KONG) CORPORATION LTD

Citation

SHANDONG HONGRI ACRON CHEMICAL JOINT STOCK CO LTD v. PETROCHINA INTERNATIONAL (HONG KONG) CORPORATION LTD
Court

Court of Appeal
Case number

CACV31/2011

Although the Court of Appeal has jurisdiction to order security for costs on appeal, the court will decline to exercise that discretion against an award creditor enforcing a foreign/Mainland arbitral award where the enforcement context and Convention-related policy considerations constitute a countervailing factor; accordingly, security for costs was refused in this appeal and the application dismissed.
6 Aug 2001

Gold Insignia Electronic Co. Ltd. v. Ciponic Technology Co. Ltd.

Citation

Gold Insignia Electronic Co. Ltd. v. Ciponic Technology Co. Ltd.
Court

District Court
Case number

DCCJ3150/2001

Appeal dismissed because the plaintiff conceded the original earmarked goods had been disposed of and relied on supplying identical replacements; therefore the extensive discovery sought to trace original goods was unnecessary and the Master's refusal to order specific discovery was correct.
21 Apr 1998

YUEN CHING YUEN v. UNION INSURANCE SOCIETY OF HONG KONG LTD

Citation

YUEN CHING YUEN v. UNION INSURANCE SOCIETY OF HONG KONG LTD
Court

Court of First Instance
Case number

HCA13520/1995

The memorandum, read as a whole, contemplated payment for the Plaintiff's introduction and continuing servicing of the Bank which required him to remain an employee; therefore the entitlement ceased when he left employment, there was no estoppel by convention because no common mistaken assumption or mutual reliance, and specific performance/declaratory relief for future commissions is inappropriate so the claim is dismissed.
1 Oct 1987

WONG KWOK CHIANG AND OTHERS v. LONGO CONSTRUCTION LTD AND OTHERS

Citation

WONG KWOK CHIANG AND OTHERS v. LONGO CONSTRUCTION LTD AND OTHERS
Court

Court of Appeal
Case number

CACV45/1987

Because the septic tank (the physical subject matter of the easement) was destroyed and specific relief was inappropriate, the plaintiffs' rights were limited to damages; therefore the Deed of Grant no longer 'affected' land and the trial judge correctly ordered the vacation of its registration, consistent with Anstalt Nybro.
13 Feb 1985

WOOMERA CO LTD AND ANOTHER v. PROVIDENT CENTRE DEVELOPMENT LTD

Citation

WOOMERA CO LTD AND ANOTHER v. PROVIDENT CENTRE DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCA12647/1982

The court exercised its discretion to permit the defendant to amend the Counterclaim to revive the abandoned common law damages claim because (1) Clause 16's construction and whether it excludes common law damages was a difficult and significant point warranting fuller argument, (2) the defendant's restoration would not cause material prejudice or unavailable witnesses, and (3) leave to amend is generally granted absent material prejudice; accordingly leave to amend was granted with directions regarding service and costs.