Hong Kong Case Law: Decisions & Judgments

Topic

Statutory set-off

Legal area

Court

5 Nov 2003

RE SHUN KAI FINANCE CO LTD

Citation

RE SHUN KAI FINANCE CO LTD
Court

Court of First Instance
Case number

HCCW1325/2002

Shun Kai failed to demonstrate a bona fide, diligently prosecuted appeal or a cross-claim that would outweigh the petitioning debts; the contention that monies held by Japan Leasing belong to Shun Kai or are outside statutory set-off was at best arguable and could not justify staying execution or withholding payment; accordingly a winding-up order was warranted and costs ordered to be paid out of Shun Kai's assets.
17 Jun 2003

RE FULLY WELL INVESTMENT LTD

Citation

RE FULLY WELL INVESTMENT LTD
Court

Court of First Instance
Case number

HCCW1056/2002

The Company failed to show the petitioning debt was bona fide disputed on substantial grounds: its negligence claim could not establish the required assumption of responsibility/special relationship for pure economic loss and would unduly expand liability; the unlawful interference claim lacked pleaded and evidential material establishing intention and quantifiable loss; the evidence consisted only of bare affirmations without particulars; accordingly the winding-up order was proper.
1 Aug 2002

SHUN KAI FINANCE CO. LTD. v. JAPAN LEASING (HONG KONG) LTD.

Citation

SHUN KAI FINANCE CO. LTD. v. JAPAN LEASING (HONG KONG) LTD.
Court

Court of First Instance
Case number

HCA4316/2001

The strike out application was dismissed because the amended pleadings disclosed an arguable cause of action: the undertaking approved by defendant's solicitors could evidence a contract; consideration could exist given a genuine dispute as to sums owing; alleged mistake and allegations of knowledge or contribution to it raised factual issues for trial; and statutory set-off did not render the pleaded claims frivolous or an abuse of process.
8 Mar 2000

TANG YUK HING v. CHAN CHEUK YAN

Citation

TANG YUK HING v. CHAN CHEUK YAN
Court

Court of First Instance
Case number

HCPI1138/1998

The defendant's account was discredited and, having failed to provide a credible explanation for veering into the plaintiff's lane, the defendant was negligent and wholly liable for the collision; the plaintiff did not contribute to the accident and is entitled to damages assessed at $2,559,121 with costs and interest as specified, subject to statutory set-off for employer compensation.
3 May 1975

WONG TAK HING v. TAI SANG INDUSTRIAL CO LTD

Citation

WONG TAK HING v. TAI SANG INDUSTRIAL CO LTD
Court

Court of First Instance
Case number

HCA1489/1973

Defendant liable under the Occupiers' Liability Ordinance because management knew of and permitted the use of standard fans, a fan in dangerous (short‑circuiting) condition was being repaired in situ on a wet floor creating a foreseeable risk, the defendant offered no explanation or proof of due diligence and there was no evidence of contributory negligence by the plaintiff; res ipsa loquitur applied, shifting the evidential burden to the defendant who failed to discharge it.

Hong Kong Case Law

RE SHUN KAI FINANCE CO LTD

RE FULLY WELL INVESTMENT LTD

SHUN KAI FINANCE CO. LTD. v. JAPAN LEASING (HONG KONG) LTD.

TANG YUK HING v. CHAN CHEUK YAN

WONG TAK HING v. TAI SANG INDUSTRIAL CO LTD