Hong Kong Case Law: Decisions & Judgments

Topic

Winding up consequences

Legal area

Court

20 Dec 2017

NEWOCEAN PETROLEUM CO LTD v. RIO TINTO SHIPPING (ASIA) PTE. LTD

Citation

NEWOCEAN PETROLEUM CO LTD v. RIO TINTO SHIPPING (ASIA) PTE. LTD
Court

Court of First Instance
Case number

HCA2265/2016

Although the plaintiff had a good arguable conversion claim based on mixing and there was arguable jurisdiction under Order 11 r1(1)(f), the Leave Order was set aside and not re-granted because the plaintiff made material non-disclosure in its ex parte application (failing to draw the Master's attention to an arguable contractual declaration claim), and material non-disclosure precluded re-granting leave forthwith.
12 Sept 2006

GOOD HARVEST FINANCE LTD v. LEUNG LAI CHING MARGARET AND ANOTHER

Citation

GOOD HARVEST FINANCE LTD v. LEUNG LAI CHING MARGARET AND ANOTHER
Court

District Court
Case number

DCCJ1972/2005

Defendants' affidavits were found not reasonably capable of belief; documentary evidence (Receipt and Guarantee) established that the Borrowers received the loan and the defendants executed the Guarantee. Although the plaintiff breached particulars required by s.18(2), those breaches did not cause adverse consequences to the Borrowers or guarantors such as to make enforcement inequitable; the court therefore exercised its discretion under s.18(3) to hold the Agreement and Guarantee enforceable. There was no proven misrepresentation or undue influence. Accordingly, no triable issue existed and…
8 Aug 2001

NON-NO FASHION WHOLESALE LTD. v. CHUNG KAM WING AND ANOTHER

Citation

NON-NO FASHION WHOLESALE LTD. v. CHUNG KAM WING AND ANOTHER
Court

Court of Appeal
Case number

CACV168/2001

The Court of Appeal affirmed the trial judge's factual findings that the questioned signature on the 1996 Tenancy Agreement was a forgery and that Wholesale Limited and Kwan perpetrated fraud; the trial judge was entitled to prefer the forensic expert (Mr Hung) and the respondents' witnesses, appellants failed to show the judge was wrong on the facts or that documentary/other incontrovertible evidence required a different conclusion, and indemnity costs were justified.
12 Mar 2001

KWOK SIU WING v. MODERN PARK LTD. AND ANOTHER

Citation

KWOK SIU WING v. MODERN PARK LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA11922/1998

The judge found on the balance of probabilities that a telephone conversation on 16 February 1998 resulted in agreement to extend the completion dates to 30 June 1998 and that Mr Chan agreed to extend his personal guarantee to that date; accordingly Mr Chan was liable to repay the plaintiffs' deposits and related claims.

Hong Kong Case Law

NEWOCEAN PETROLEUM CO LTD v. RIO TINTO SHIPPING (ASIA) PTE. LTD

GOOD HARVEST FINANCE LTD v. LEUNG LAI CHING MARGARET AND ANOTHER

NON-NO FASHION WHOLESALE LTD. v. CHUNG KAM WING AND ANOTHER

KWOK SIU WING v. MODERN PARK LTD. AND ANOTHER