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 emphasized 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... Read more

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 Responden (See Judgment)... Read more

Tsit Wing v TWG Tea Co

29 January 2016

In this high profile trade mark dispute, Gummow NPJ delivered what is now the leading authority on the law of trade mark infringement in Hong Kong. Winnie Tam SC represented the Respondent in the Court of Final Appeal. (See Judgment) Read more (See Judgment) Read more

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 S.C. represented the Respondent in the Court of Final Appeal. (See Judgment; reported in (2015) 18 HKCFAR 582)   Read more

Ryder Industries v Chan Shui Woo

16 December 2015

Lord Collins NPJ has recently clarified the law on foreign illegality in the conflict of laws in Hong Kong in this important decision of the Court of Final Appeal.  Richard Zimmern and Jason Yu appeared for the Respondent in the Court of Final Appeal, the Court of Appeal and Court of First Instance. Recorder Anthony Houghton S.C. sat as the Judge in the Court of First Instance (See Judgment; reported... Read more

Moral Luck Finance v Law Kin Leung

24 July 2015

The correct approach on the appointment of a guardian ad liten was clarified by the Court of Final Appeal in this recent decision.  Anson Wong SC represented the Appellant in the Court of Final Appeal.  (See Judgment; reported in (2015) 18 HKCFAR 343)   Read more

Big Island v Wu Yi Development

26 June 2015

In this important decision, the Court of Final Appeal declined to follow the English decision in Seldon v Davidson (by a majority) and unanimously reaffirmed the need to establish an unjust factor in claims for unjust enrichment. Lawrence Ng and Christopher Chain (led by Dennis Chang SC) represented the Respondents in the Court of Final Appeal.  (See Judgment; (2015) 18 HKCFAR 364)   Read more