Hong Kong Case Law: Decisions & Judgments

Topic

Unpaid seller's lien

Legal area

Court

15 Apr 2024

GAO XIN JIAN GROUP (HONG KONG) HOLDING COMPANY LTD v. KIN LEE PRECAST CONCRETE PRODUCTS COMPANY LTD

Citation

[2024] HKCFI 1058
Court

Court of First Instance
Case number

HCA1453/2019

The court found that the Plaintiff had not shown it was entitled to summary judgment because there were bona fide triable issues (defective goods, late or non-delivery, preconditions to payment and related mitigation) supported by contemporaneous correspondence, witness evidence and documentary materials; consequently the O.14 summons was dismissed (O.14 Appeal allowed). The Defendant was granted leave to file the Re-Amended Defence and Counterclaim (draft RADCC) with consequential amendments by the Plaintiff; the Time Extension appeal/summons was dismissed on the merits but amendment leave w…
15 Feb 2011

CHUN SANG PLASTICS CO LTD v. COMMISSIONER OF POLICE AND ANOTHER

Citation

CHUN SANG PLASTICS CO LTD v. COMMISSIONER OF POLICE AND ANOTHER
Court

Court of First Instance
Case number

HCA2278/2008

The Court found that property had passed to Playbox on delivery and that the Plaintiff, having bought the goods in the ordinary course of trade for valuable consideration and taken possession without notice of the Claimant's rights, was a bona fide purchaser for value; the Claimant failed to prove notice or collusion, the unpaid seller's lien had been lost on delivery, and therefore the Plaintiff was entitled to retain the goods.
9 Dec 2010

DRAGON PEARL NIGHT CLUB RESTAURANT LTD v. LEUNG WAN KEE SHIPYARD LTD

Citation

DRAGON PEARL NIGHT CLUB RESTAURANT LTD v. LEUNG WAN KEE SHIPYARD LTD
Court

Court of First Instance
Case number

HCA889/2010

As a matter of construction of the written Agreement (considering CIF delivery terms, reservation of documents/seatrials, risk retention/insurance obligation, and the scheme of instalments), property in the vessel remained with Leung Wan Kee until completion and delivery in Hong Kong; Leung Wan Kee therefore possessed a common law and statutory lien limited to the 5th instalment and a statutory right to sell; accordingly Dragon Pearl's applications for delivery up and interim injunction failed and were dismissed, the striking out application failed, Dragon Pearl was granted unconditional leav…
18 Oct 2010

BLISS ELECTRONIC (HK) CO LTD v. BILLWIN LTD

Citation

BLISS ELECTRONIC (HK) CO LTD v. BILLWIN LTD
Court

District Court
Case number

DCCJ34/2009

Billwin failed to prove defectiveness or short delivery and therefore had no right to deduct; Bliss Electronic validly withheld the remaining 6,693 pieces under s44 Sale of Goods Ordinance and validly accepted Billwin's repudiation after giving time; Bliss Electronic entitled to recover price of goods sold and delivered and price of undelivered goods as damages; Billwin's counterclaim for late delivery was dismissed for failure to prove breach, causation and quantum.
13 Sept 2004

RE 1,2,3, PRINTING SERVICES LTD

Citation

RE 1,2,3, PRINTING SERVICES LTD
Court

Court of First Instance
Case number

HCCW841/2004

The court found on the evidence that the Company could not pay its debts — judgments were unsatisfied, execution and garnishee proceedings produced insufficient funds, the value of goods available under lien was inadequate, and the Company filed no evidence or effective defence — and therefore a winding‑up order was warranted.
10 Apr 2000

SUNWILL LTD. v. MOK TOA SUN

Citation

SUNWILL LTD. v. MOK TOA SUN
Court

Court of First Instance
Case number

HCA15870/1998

Although the defendant initially held a statutory lien as unpaid seller, he lost the right to retain the moulds by creating obstacles and failing to permit payment/collection by 23 December 1997; consequently the plaintiff was entitled to delivery up of the moulds; the plaintiff failed to prove payment and causal loss for the alleged $420,000 replacement contract with Kimco so damages for replacement were refused; defendant's counterclaim succeeded only to the amount conceded ($190,475.61).
12 Jul 1999

GLENCORE INTERNATIONAL A.G. v. BRIGHT CHINA INTERNATIONAL LTD. AND OTHERS

Citation

GLENCORE INTERNATIONAL A.G. v. BRIGHT CHINA INTERNATIONAL LTD. AND OTHERS
Court

Court of First Instance
Case number

HCCL166/1997

On these facts the court held Glencore proved its claim against Bright China for US$336,251.84 with interest, but Glencore was not entitled to exercise an unpaid-seller's lien over the 250 bundles because property and effective negotiation had passed and the letters of credit/negotiation constituted de facto transfer/pledge; Keen Lloyd breached the July contract and is liable to Glencore for US$747,230.17; Keen Lloyd is entitled to the sale proceeds then standing in Court and an additional US$52,327.82; Keen Lloyd's restitutionary claim for overpayments under forged contracts is dismissed bec…
12 Jul 1999

GLENCORE INTERNATIONAL A.G. v. KEEN LLOYD (HOLDINGS) LTD.

Citation

GLENCORE INTERNATIONAL A.G. v. KEEN LLOYD (HOLDINGS) LTD.
Court

Court of First Instance
Case number

HCCL177/1998

The court held Glencore was entitled to judgment against Bright China for US$336,251.84 with interest; Glencore was not entitled to exercise a statutory unpaid-seller lien over the 250 bundles because property and/or effective negotiation of documents had passed (ANZ Bank had negotiated drafts and received documents and the buyer/issuing bank had rights), therefore Keen Lloyd was entitled to the sale proceeds in Court and an additional sum; Keen Lloyd breached the July contract (the alleged oral reallocations were not proved and Mr Liang lacked authority) and is liable to Glencore in damages…
5 Jun 1974

MITSUI & CO LTD v. UNITED OVERSEAS MOTORS LTD AND OTHERS

Citation

MITSUI & CO LTD v. UNITED OVERSEAS MOTORS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1245/1974

The court held that by agreement the plaintiffs re-assumed possession and control of the vehicles through recovery of the keys and the compound key, thereby reviving the unpaid seller's lien or, at minimum, creating a limited proprietary/control interest which crystallised and which the bank could not override; accordingly an interim injunction was granted to restrain the bank from interfering and to require delivery of the keys.