Hong Kong Case Law: Decisions & Judgments

Topic

Strike out test

Legal area

Court

22 Apr 2025

LEUNG KING LUN DANNY AND OTHERS v. NG LOUIE KWOK KUEN AND OTHERS

Citation

[2025] HKCFI 1583
Court

Court of First Instance
Case number

HCMP2126/2021

The summons to strike out the petition is dismissed: whether the Assignment, nondisclosure of a director's conflict, leveraging of security and the two refusals to supply constitute unfair prejudice are fact‑sensitive issues that cannot be resolved as obviously unsustainable at interlocutory strike‑out stage. Financial loss is not a necessary precondition to establish unfair prejudice; concealment and conflict may amount to unfair prejudice. The buyout relief cannot be struck out because it is not shown at this stage that the shares would definitely have been worthless absent the alleged cond…
23 Jan 2020

FUNG TIN YAU v. FUNG TIN SHING AND OTHERS

Citation

[2020] HKCFI 252
Court

Court of First Instance
Case number

HCCW171/2016

The appeals were dismissed because (1) the 2078 counterclaim, grounded on assumed/ad hoc fiduciary duties, disclosed a reasonable cause of action and was not plainly and obviously unsustainable; (2) the 2998-3000 summary judgment applications were improper where genuine disputes of fact existed about oral Withdrawal/Wyse Agreements and potential estoppel/Duomatic defences, so leave to defend was appropriate; and (3) the derivative claims in HCA 133 and 136 established a prima facie case within the fraud on the minority exception and were not strikingly unfit to proceed. Accordingly none of th…
6 Jul 2011

HER MAJESTY\'\'\'\'S REVENUE & CUSTOMS v. HASHU DHALOMAL SHAHDADPURI AND ANOTHER

Citation

HER MAJESTY\'\'\'\'S REVENUE & CUSTOMS v. HASHU DHALOMAL SHAHDADPURI AND ANOTHER
Court

Court of First Instance
Case number

HCMP266/2011

The Court held it was not plain and obvious that HMRC's pleaded English action could not give rise to a judgment enforceable in Hong Kong; the pleadings adequately characterised the claim as arising from MTIC carousel fraud and unlawful means conspiracy seeking recovery of refunds paid to brokers rather than a direct revenue claim, so the strike out application was properly dismissed; leave to appeal was refused and the appeal was dismissed (with costs nisi to HMRC).
22 May 2007

BANHART CO LTD v. BANK OF CHINA (HONG KONG) LTD

Citation

BANHART CO LTD v. BANK OF CHINA (HONG KONG) LTD
Court

Court of First Instance
Case number

HCA2655/2004

The court dismissed the defendant's appeal and upheld the Master's order: it was not plain and obvious that the plaintiff's claims would fail; the implication of a term that the bank exercise skill and care was arguable on the factual matrix; the issues as to the legal effect of the premature demand, the validity of the receivers' appointment, limitation and estoppel raise triable issues and therefore the claim should not be struck out at this interlocutory stage; consolidation and limited strike out by Master were appropriate; costs nisi awarded to the plaintiff on the appeal.
16 May 2007

YEN WING CHOI & LEE SHUI CHI SHIRLEY AND OTHERS v. MATCH POWER INVESTMENT LTD

Citation

YEN WING CHOI & LEE SHUI CHI SHIRLEY AND OTHERS v. MATCH POWER INVESTMENT LTD
Court

Court of First Instance
Case number

HCA1829/2005

It was not plain and obvious that the plaintiffs' claims would fail by virtue of the signed document; the Master was correct to refuse striking out. However the issues about the construction and legal effect of the Settlement Agreement are discrete from the merits of the delay claims and are suitable for resolution at a preliminary trial, so interlocutory matters relating to P2–P7 are stayed pending the preliminary issues trial.
20 Dec 2002

CHAN WAN v. HONG KONG TRAMWAYS LTD. AND OTHERS

Citation

CHAN WAN v. HONG KONG TRAMWAYS LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA6776/2000

At strike out stage the court found it was not plain and obvious that the plaintiff had no arguable case against the tramway company because unresolved factual issues (notably the duration she sat on the rear door and whether the driver could and ought to have seen and stopped) made refusal of legal aid potentially premature; accordingly the master’s order striking out the parts relating to the 2nd Defendant was set aside and the plaintiff was granted leave to amend and pursue those allegations further.
29 Mar 1985

SHUI ON CONSTRUCTION CO LTD v. Y.S. LO AND ASSOCIATED ARCHITECTS AND ENGINEES (a firm)

Citation

SHUI ON CONSTRUCTION CO LTD v. Y.S. LO AND ASSOCIATED ARCHITECTS AND ENGINEES (a firm)
Court

Court of First Instance
Case number

HCA5203/1984

The application to strike out failed because on the authorities and facts pleaded it was not plain and obvious that the claims could not succeed; architects may owe duties of care and to act fairly to contractors arising from professional/contractual proximity and foreseeable financial loss, so the pleadings disclose arguable causes of action.

Hong Kong Case Law

LEUNG KING LUN DANNY AND OTHERS v. NG LOUIE KWOK KUEN AND OTHERS

FUNG TIN YAU v. FUNG TIN SHING AND OTHERS

HER MAJESTY\'\'\'\'S REVENUE & CUSTOMS v. HASHU DHALOMAL SHAHDADPURI AND ANOTHER

BANHART CO LTD v. BANK OF CHINA (HONG KONG) LTD

YEN WING CHOI & LEE SHUI CHI SHIRLEY AND OTHERS v. MATCH POWER INVESTMENT LTD

CHAN WAN v. HONG KONG TRAMWAYS LTD. AND OTHERS

SHUI ON CONSTRUCTION CO LTD v. Y.S. LO AND ASSOCIATED ARCHITECTS AND ENGINEES (a firm)