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. 

The Court stressed that not all agents are fiduciaries. The facts and circumstances must be carefully examined to see whether in fact a purported agent is in a fiduciary relationship to his principal.

The Plaintiff pleaded that the Defendant held 30% of a company’s shares on trust for him; in another action, he deposed that he received those shares as a gift from his brother. The Court held that the Plaintiff’s claim was bound to fail considering the obvious inconsistences on a matter of significance.

This is the first ever case which touches on the third party’s liability for additional tax by reason of “incorrectness” in the company’s return. 

The Court of Appeal held that it had inherent jurisdiction to consider the appointed trustee’s fitness to act, and that rule 158 of the Bankruptcy Rules provided the proper procedural route for seeking such directions.

In assessing the feasibility of the proposed restructuring, the Court will consider the views of the unsecured creditors.  It is not for the company or its provisional liquidators to decide whether it is in the interests of the creditors to accept the proposed restructuring.

The decision illustrates the interplay between delay, expert evidence and the need of doing practical justice in the Court’s exercise of discretion in granting interim-interim injunctions in a cryptocurrency dispute.

The Court of Final Appeal held that ss. 18 and 19 Public Order Ordinance leave no room for the basic form of the joint enterprise doctrine to operate. However, the extended form of the doctrine may, in certain circumstances, apply to participants in an unlawful assembly or riot. 

According to the Defendant, the dishonoured cheque was not issued for the purpose of repayment, but merely as assurance that she would not flee before paying off the monies owed. The learned Judge found that the Defendant put forward a credible defence and dismissed the Plaintiff’s appeal.