Hong Kong Case Law: Decisions & Judgments

Topic

Third party claim

Legal area

Court

20 Jun 2012

JENHO DEVELOPMENT LTD v. PENSONIC TECHNOLOGY (HK) LTD

Citation

JENHO DEVELOPMENT LTD v. PENSONIC TECHNOLOGY (HK) LTD
Court

District Court
Case number

DCCJ4402/2009

On the materials before the court, including consolidated group accounts showing losses and net liabilities and circumstantial evidence about the structure and finances of the group, the applicant established credible reason to believe Pensonic Technology would be unable to meet an adverse costs order; Pensonic Technology did not adduce adequate contrary documentary evidence; exercising the court's discretion in all circumstances (including excused delay and absence of strong prospect of success), the court ordered payment into court of HK$240,000 as security for costs and awarded the applica…
6 Jan 2010

KWONG KIN YIN v. SHUN LEE COPPER & DECORATION LTD AND ANOTHER

Citation

KWONG KIN YIN v. SHUN LEE COPPER & DECORATION LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI285/2008

The Re-Amended Summons was dismissed because the identity of the subcontractor and the Plaintiff's employer raised genuine disputed questions of fact supported by equivocal contemporaneous documents and witness statements; the case was not a plain and obvious one suitable for strike out and at least an arguable case existed that the Third Party could be the subcontractor or employer; credibility issues required trial resolution.
14 Feb 2006

LAI WING CHEUNG v. YEP CHAU CHUNG

Citation

LAI WING CHEUNG v. YEP CHAU CHUNG
Court

Court of First Instance
Case number

HCPI43/2005

Expert opinion before the court established that competent medical practice would not normally include warning of the extremely rare dystonic reaction from intramuscular prochlorperazine and that drowsiness (which might warrant warning) did not cause this accident on the facts; accordingly there was no breach of duty by the third party and the third party claim disclosed no reasonable prospect of success and was struck out.
20 Nov 2002

NANTONG ANGANG GARMENTS CO. LTD. v. HELLMANN INTERNATIONAL FORWRADERS LTD.

Citation

NANTONG ANGANG GARMENTS CO. LTD. v. HELLMANN INTERNATIONAL FORWRADERS LTD.
Court

Court of First Instance
Case number

HCCL117/1994

The court accepted uncontradicted evidence that the 1st and 2nd third parties instructed the rerouting and that the defendant received an express indemnity; accordingly the defendant was entitled to indemnity from the third parties for the judgment sum, costs of the third party proceedings and costs of defending the plaintiff's action, with post-judgment interest to run on each instalment from its respective payment date.
6 Jun 2002

WING MOU CONSTRUCTION CO. LTD v. COSMIC INSURANCE CORPORATION LTD & ANOTHER

Citation

WING MOU CONSTRUCTION CO. LTD v. COSMIC INSURANCE CORPORATION LTD & ANOTHER
Court

Court of First Instance
Case number

HCCT40/2001

The court’s decision turned on interpretation of the insurance policy, the entitlement of the liquidator to pursue the claim and the applicability of the arbitration agreement, as set out in the reasons delivered on 6 June 2002.
16 Oct 1998

CHINA EVERBRIGHT - IHD PACIFIC LTD. v. CH\'NG POH AND OTHERS and LOW CHANG HIAN AND OTHERS (Third Party)

Citation

CHINA EVERBRIGHT - IHD PACIFIC LTD. v. CH\'NG POH AND OTHERS and LOW CHANG HIAN AND OTHERS (Third Party)
Court

Court of First Instance
Case number

HCA12837/1995

The judge exercised case-management discretion: the strike out application will be heard after the Plaintiff's opening and likely on 20 October 1998; expert evidence timing is deferred until after the Plaintiff's opening; the 5th Third Party's late witness statement is granted an extension to file by 21 October 1998 and the court will allow further time for the 1st Defendant to consider the statement prior to the witness giving evidence if the strike out application is dismissed.
11 Jul 1991

LONG YEAR DEVELOPMENT LTD. AND OTHERS v. TSE FUK MAN, NORMAN AND OTHERS

Citation

LONG YEAR DEVELOPMENT LTD. AND OTHERS v. TSE FUK MAN, NORMAN AND OTHERS
Court

Court of First Instance
Case number

HCA3959/1989

Third Parties liable under Misrepresentation Ordinance s.3(1) because the representative (Madam Chan) did not have reasonable grounds for her belief that the covered car park was the one conveyed; measure of damages under s.3(1) equals deceit (tortious measure) so deposit and legal costs flowing from the misrepresentation are recoverable, but speculative resale profits are not recoverable absent evidence of a substitute profitable transaction.
8 Dec 1979

LAM MEI LAN v. LEUNG YUK AND OTHERS

Citation

LAM MEI LAN v. LEUNG YUK AND OTHERS
Court

Court of First Instance
Case number

HCA676/1979

The driver breached his duty by failing to ensure the adult and infant were safely clear before driving off, and that negligence caused the child's injuries (most plausibly via the adult's bucket being knocked forward); the owner is vicariously liable; plaintiff awarded damages for pain and suffering and for future loss; third party absolved.
31 Oct 1979

LIU SIU-FUN AND OTHERS v. HO WING-CHEONG

Citation

LIU SIU-FUN AND OTHERS v. HO WING-CHEONG
Court

Court of First Instance
Case number

HCA4713/1978

Defendant was negligent; 3rd Plaintiff was not contributorily negligent in driving; plaintiffs' failure to wear seat-belts did not constitute contributory negligence given inadequate public awareness at the time, and even if contributory negligence applied any reduction should be modest (court exercised discretion to limit reduction); plastic surgery fees were reasonably incurred and recoverable; damages awarded and apportioned with specified interest and tax-related deductions as just and equitable.