Hong Kong Case Law: Decisions & Judgments

Topic

Unlawful interference (economic tort)

Legal area

Court

24 Aug 2010

SHENZHEN FUTAIHONG PRECISION INDUSTRY CO., LTD AND OTHERS v. BYD CO LTD AND OTHERS

Citation

SHENZHEN FUTAIHONG PRECISION INDUSTRY CO., LTD AND OTHERS v. BYD CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2114/2007

The court refused to strike out paras 62–68 because they form parts of an alleged course of conduct that, taken together, could support the unlawful interference counterclaim; disputed facts and evolving points of law (scope of 'unlawful means') and insufficiency of particulars do not justify strike out at this interlocutory stage; issues must be resolved at trial. Costs order nisi made in favour of defendants on the application.
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.
13 Mar 2003

DEACONS (a firm) v. WHITE & CASE LTD LIABILITY PARTNERSHIP AND OTHERS

Citation

DEACONS (a firm) v. WHITE & CASE LTD LIABILITY PARTNERSHIP AND OTHERS
Court

Court of First Instance
Case number

HCA2433/2002

The court applied Order 24 r2(5)(a) and principled relevance analysis: paragraphs 9–16 and 26(9) of the Defence do not raise matters relevant to the plaintiff's pleaded causes of action (breach of the hands‑off agreement, breach of confidentiality, procuring breaches, unlawful interference) and therefore do not justify wider discovery. Allegations that amount to an unpleaded conspiracy cannot be used to broaden discovery. Consequently the plaintiff's application to limit discovery is allowed and most of the 3rd and 4th defendants' discovery requests are refused as irrelevant or oppressive, sa…

Hong Kong Case Law

SHENZHEN FUTAIHONG PRECISION INDUSTRY CO., LTD AND OTHERS v. BYD CO LTD AND OTHERS

RE FULLY WELL INVESTMENT LTD

DEACONS (a firm) v. WHITE & CASE LTD LIABILITY PARTNERSHIP AND OTHERS