Hong Kong Case Law: Decisions & Judgments

Topic

Unpleaded defences

Legal area

Court

4 Aug 2025

LINK PROPERTIES LTD v. 1968 LTD

Citation

[2025] HKCFI 3471
Court

Court of First Instance
Case number

HCA1282/2024

The defendant failed to establish any credible triable issues: the Tenancy Agreement expressly prohibited external alterations and signage without written approval and contained an entire agreement clause excluding alleged licence representations; the defendant did not demonstrate it operated a Shanghainese specialty restaurant before the action commenced; the defendant relied on unpleaded or belated defences which cannot defeat an Order 14 application; accordingly the Master's summary judgment was upheld and the stay refused.
6 Jul 2015

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS

Citation

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS
Court

Court of First Instance
Case number

HCA1382/2011

The appeal is dismissed: defendants are bound by their pleaded defence (including the amended paragraph 27) and must provide the further and better particulars ordered by the Master (identifying payments, sellers and alleged mainland beneficiary companies and particulars of arrangements); an affirmation cannot be used to contradict the pleaded case; costs are awarded against the defendants and time for compliance is extended by 14 days.
24 Sept 1990

CHINE KIT LTD v. CHU KONG SHING

Citation

CHINE KIT LTD v. CHU KONG SHING
Court

Court of First Instance
Case number

HCCL26/1988

Defendant was bound by the signed bilingual contract and risk disclosure, was warned about margin calls, no fiduciary breach or misrepresentation occurred, futures contracts were not illegal, and frustration did not apply; therefore plaintiff lawfully liquidated the account and is entitled to judgment for the outstanding deficit.

Hong Kong Case Law

LINK PROPERTIES LTD v. 1968 LTD

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS

CHINE KIT LTD v. CHU KONG SHING