The court accepted and emphasized that interpreting the phrase “injury by accident” as a compound expression to mean “accidental injury” would be too wide for the present purpose. Instead, “accident” is held to be distinct from “injury” and is the causative event of “injury”.

The Court took into account the significant amount of the Loan and the interest rate, the fact that the interest generated from the Loan accounted for more than 98% of its annual revenue in 2018 and 2019, and that the petitioner was acting jointly with a licensed money lender in the transaction.

 The Coroner made 14 recommendations to various Government departments and properly interested persons, including the adoption of a licensing system to regulate mini-storage facilities to ensure compliance with fire safety rules.

The Court’s ruling in Re Up Energy Development Group Limited [2022] HKCFI 1329 brings Hong Kong restructuring and insolvency law and practice closer to the way it was at the turn of the millennium and in the decade that followed.

The Court’s ruling illustrates the utmost importance of giving due regard to the defendant’s personal circumstances – or “individual justice” as articulated by the Court of Appeal in HKSAR v Leung Pui Shan (CACC 317/2007) – and the circumstances leading up to the offence when considering sentencing.

The Court is satisfied that the Applicant has taken reasonable steps in attempting to return the client assets, and that allowing payment into Court will not be unfair to the relevant clients despite the inconvenience caused.

The Grand Court rejected the Plaintiff’s contention that a narrow interpretation should be given to the Governor’s reserved power to legislate. It was a matter of judgment and policy for the Governor whether a given matter was necessary or desirable in the interests of external affairs.

The Privy Council stressed that their Opinion does not prevent the Cayman Islands Legislative Assembly (since renamed Parliament) from introducing legislation to provide for same-sex marriage. It found only that the Constitution did not require the introduction of such legislation. 

Given the gravity of the forgery allegation, this is not a typical debt recovery case. The Court’s refusal to enter judgment perfectly illustrates that the integrity of the plaintiff’s case remains of prime importance in a summary judgment application.

This case highlights the importance of arbitration agreements placed by the Courts in Hong Kong and how it may affect the prosecution of claims that would normally fall within the exclusive jurisdiction of the Labour Tribunal.