Hong Kong Case Law: Decisions & Judgments

Topic

Statutory limitation

Legal area

Court

3 May 2024

THE INCORPORATED OWNERS OF KWAI FONG TERRACE v. CHAN LAI MEI t/a LUI KEE

Citation

[2024] HKDC 699
Court

District Court
Case number

DCCJ4014/2015

Defendant proved continuous exclusive possession with requisite animus from at least 1986 to 2015; plaintiff's title to the Disputed Area was extinguished under section 17 of the Limitation Ordinance; defendant's breach of Buildings Ordinance s14 did not, on these facts and applying a proportionality analysis, bar reliance on limitation; accordingly plaintiff's claims under the DMC and BMO failed as the IO no longer had a proprietary interest to enforce and defendant obtains possessory title and declarations.
26 Apr 2024

RE CHEUNG KOON YEUNG AND ANOTHER

Citation

[2024] HKCFI 1169
Court

Court of First Instance
Case number

HCMP1592/2023

On the material before the court, including the affirmation filed, the Court declares that the 647 Mortgage no longer constitutes a subsisting encumbrance on the 647 Property and grants the requested declaration under s12A.
8 Mar 2024

劉祖榮對陳淑惠

Citation

[2024] HKCA 210
Court

Court of Appeal
Case number

CACV288/2023

The appeal was dismissed because the appellant's pleadings disclosed no reasonable cause of action or were barred by limitation or constituted an abuse of process; any procedural non-compliance (timing/method of service or absence of an affidavit) did not cause prejudice sufficient to overturn the strike-out; and the costs assessment at HKD33,150 was within the court's discretion and not demonstrably wrong.
24 Jan 2024

CHOI WAN SHEUNG NANCY v. CHOI SI MING DANNY

Citation

[2024] HKCFI 186
Court

Court of First Instance
Case number

HCA2336/2013

The defendant's evidence that he purchased the sisters' shares in 2001 and that the sisters forfeited interests in 2007 was rejected as inconsistent and unreliable; the court held the PW Property beneficial interests follow contributions to the purchase price, awarding Nancy 72.2105% and other siblings proportional shares; defendant breached his executor duties in selling HH Property at undervalue and must pay Nancy 20% of the shortfall ($80,000); defendant's counterclaim and rent claim dismissed.
22 Mar 2022

SOUTH-CHINA UNIVERSAL FINANCE LTD v, TSANG KOON SAU AND ANOTHER

Citation

[2022] HKDC 258
Court

District Court
Case number

DCCJ1630/2019

The court rejected Mr Lau's oral account, found no credible evidence of the alleged Agreement or payment, held occupation began with Tsang's consent (a licence) not adverse possession, and concluded there was no equitable interest (estoppel, resulting or constructive trust) in Lau; therefore South-China's registered legal charge was enforceable and judgment for enforcement and vacant possession was granted against Lau.
22 Jul 2020

RECOVERY VEHICLE 1 PTE. LTD. v. TOTAL ALLIANCE INVESTMENTS LTD

Citation

[2020] HKCFI 1864
Court

Court of First Instance
Case number

HCCW185/2019

Petitioner proved a debt substantially exceeding the statutory minimum; the respondent failed to discharge its obligation under s373 to produce accounting records or otherwise demonstrate a bona fide defence on substantial grounds despite having had time to do so; accordingly the court must make the compulsory winding-up order and award indemnity costs to the petitioner.
25 May 2012

FALCON INSURANCE CO (HONG KONG) LTD v. FLAGSHIP UNDERWRITING MANAGEMENT LTD

Citation

FALCON INSURANCE CO (HONG KONG) LTD v. FLAGSHIP UNDERWRITING MANAGEMENT LTD
Court

Court of First Instance
Case number

HCA312/2010

The appeal was allowed in part because there existed a triable issue that the defendant had in fact paid the Chin Hsing sum and that the plaintiff's conduct and contemporaneous communications raised an arguable case of ratification; no triable issue arose for the Shun De payment; restitutionary recovery failed for lack of legal compulsion; the defendant's Chin Hsing claim was neither dismissed on limitation grounds on summary judgment because section 23 acknowledgment raised a triable issue; and the Chin Hsing counterclaim is a legally cognizable, liquidated and mutual set-off entitling the d…
7 Jan 2008

AU KWAI FUN, JUDY AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD

Citation

AU KWAI FUN, JUDY AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD
Court

District Court
Case number

DCEO4/2007

The court struck out the Statement of Claim and dismissed the action because (1) each Claimant had ceased employment after their last extension contract and the intervening Gap Years broke continuity so there was no continuing employment for SDO purposes up to final retirement at 55; (2) the 1999 re-employment offers constituted genuine settlement agreements containing waiver clauses which, as contracts settling claims to which s.76 applies, are enforceable under s.87(4) and extinguished the Claimants' SDO claims; and (3) the claims in any event were time-barred under s.86(1). The court furth…
5 Dec 2006

WONG CHIN WAH v. VARITRONIX LTD

Citation

WONG CHIN WAH v. VARITRONIX LTD
Court

District Court
Case number

DCEC1105/2005

Applicant discharged the onus of showing a reasonable excuse for delay: credible evidence of employer threats and a genuine unresolved conflict in medical evidence on causation made it inappropriate to decide causation without trial; on that basis and having regard to lack of forensic prejudice to respondent the court properly exercised its discretion to extend time under s.14(4), s.18(2) and s.16B(2) and granted leave to proceed with the applications.
11 Apr 2003

THE OFFICIAL RECEIVER v. TONG HING SUN & OTHERS

Citation

THE OFFICIAL RECEIVER v. TONG HING SUN & OTHERS
Court

Court of First Instance
Case number

HCMP878/2003

The Official Receiver provided an adequate and satisfactory explanation for the delay (seizure of incomplete records, protracted criminal investigation and trial, need for private examination) and no specific prejudice to the respondents was shown; balancing public interest and prejudice, the court exercised its discretion to grant leave to commence disqualification proceedings within eight months.