Cases

Oriental v Google (CACV 53, 54 & 55/2017)

14 February 2018

  These three recent appeals in the Court of Appeal concern three defamation claims against Google. The Plaintiffs sue Google as an Internet search engine, the owner/operator of a blog and the owner/operator of an Internet discussion forum respectively. Google is a US corporation, and the Plaintiffs obtained leave to serve the writ on Google outside Hong Kong. In dismissing Google's appeals against the Judge's refusal to set aside service of... View Case

Multi-Winner Investment Ltd v Lau Ming Yee [2017] 1 HKLRD 328

30 January 2018

The Defendant in this recent case successfully relied on the defence of qualified privilege to defeat the Plaintiff's defamation claim. The defence was raised in respect of alleged defamatory statements published by the chairperson of the management committee of the incorporated owners of a building to all owners of the building. Mr Justice David Lok observed that: (1) The authorities show that there is a common interest among the owners of... View Case

Re Everglory Energy Limited HCCW198/2016

08 June 2017

In a recent novel decision, Re Everglory Energy Limited HCCW198/2016, 19 January 2017, the Hong Kong High Court’s Anthony Chan J. held that there was jurisdiction which he exercised in his discretion, to reconstitute the board of directors of a company as interim relief before trial of a petition for relief against unfair prejudice, alternatively just and equitable winding up. The Court granted the Petitioner’s application for such interim relief to... View Case

Sam Woo Marine Works Ltd v IO of Po Hang Building & Secretary for Justice (2017) 20 HKCFAR 240

31 May 2017

In this recent decision, the Court of Final Appeal upheld the constitutionality of section 63B of the District Court Ordinance (Cap. 336) on the basis that it is proportionate and does not go beyond what is reasonably necessary for the achievement of the legitimate aims. Lawrence Ng represented the Respondent in the Court of Final Appeal.  Please click here to read the full judgement View Case

Kingboard Chemical Holdings v Annuity & Life Reassurance Ltd (Bermuda Court of Appeal)

05 April 2017

Kingboard Chemical Holdings v Annuity & Life Reassurance Ltd (Bermuda Court of Appeal) The principles governing the unfair prejudice remedy under section 111 of the Bermuda Companies Act 1981 were considered by the Court of Appeal for Bermuda in the recent decision of Kingboard Chemical Holdings v Annuity & Life Reassurance Ltd (Civ. App. 24 of 2015, 24 March 2017, Unreported).    The Court’s judgment was delivered by Sir Christopher... View Case

Competition Commission v Nutanix Hong Kong Limited & Ors, CTEA 1/2017

05 April 2017

Competition Tribunal hands down decision on confidentiality in first enforcement case brought by Hong Kong Competition Commission against suspected bid-riggers Mr Justice Godfrey Lam handed down the first written decision of the Competition Tribunal on 28 March 2017 setting precedent for the treatment of confidential information in originating documents filed in the specialist court. The decision was given in Competition Commission v Nutanix Hong Kong Limited & Ors, CTEA 1/2017,... View Case

Re Lucky Resources

11 July 2016

In the recent decision of Re Lucky Resources (HK) Ltd [2016] 4 HKLRD 301, a petitioner applied to wind-up a Hong Kong company on the strength of an arbitration award, without first applying for leave to enforce the award under s.84 of the Arbitration Ordinance (Cap.609). Can this be done? Harris J emphasised the well-established proposition that the presentation of a winding‑up petition does not constitute enforcement of an award. The company was accordingly wound up. In... View Case

Secretary for Justice v Global Merchant

16 May 2016

The Court of Final Appeal determined the legal status of a sale and purchase contract of future receivables in the context of the Money Lenders Ordinance (Cap. 163), and found against the Secretary for Justice in holding that this contract constituted a sale and purchase and not a loan. Clifford Smith SC represented the Appellant (Secretary for Justice); Simon Westbrook SC and Michael Lok acted for the Respondent. Please click... View Case

Tsit Wing v TWG Tea Co

29 January 2016

In this high-profile trademark dispute, Gummow NPJ delivered what is now the leading authority on the law of trademark infringement in Hong Kong. Winnie Tam SC represented the Respondent in the Court of Final Appeal.  Please click here to see the full judgment View Case

Chau Hoi Shuen v SEEC Media

18 December 2015

The Court of Final Appeal clarified the law on the defence of innocent dissemination in libel. Johnny Mok SC represented the Respondent in the Court of Final Appeal. Please click here to read the full judgment   View Case