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Articles by Carrie Yiu
Substituted Service Of HK Judicial Documents In Mainland China
Given Hong Kong's status as a special administration region of China, there are in place special arrangements for the mutual service of judicial documents between the two jurisdictions.
Limitation periods and concurrent duty in tort and contract | JD Supra
SUMMARY In Sheffield Teaching Hospital Foundation Trust v Hadfield Healthcare Partnership Ltd and others, the Technology and Construction Court provides helpful guidance about the use of standstill agreements to pause limitation periods, and the existence or otherwise of concurrent liabilities in tort and contract in the construction industry. The decision related to an application for summary judgment.
Limitation periods and concurrent duty in tort and contract
Summary In Sheffield Teaching Hospital Foundation Trust v Hadfield Healthcare Partnership Ltd and others, the Technology and Construction Court provides helpful guidance about the use of standstill agreements to pause limitation periods, and the existence or otherwise of concurrent liabilities in tort and contract in the construction industry. The decision related to an application for summary judgment.
Recent decision on enforcing a South Korean judgement in Hong Kong: Application of common law principles | JD Supra
Hong Kong is not a party to the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Accordingly, the two mechanisms by which a foreign judgment may be enforced in Hong Kong are: where applicable, under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) (the “Ordinance”), which is a statutory registration system based on the principle of reciprocity, or; through common law principles.
Failed application for setting aside an arbitral award before Hong Kong Court on the grounds of the lack of proper notice of the appointment of arbitrator and/or non-compliance of the arbitral procedure
K v T ([2022] HKCFI 1194, HCCT 53/2021, 26 April 2022) was a court application made by the Respondent in the arbitration for an extension of time to set aside an arbitral award. Brief facts The sum in dispute was the small sum of HK$356,500, which was part of the sums (a) invested by the Claimant pursuant to a Shareholders Agreement and (b) which the Respondent agreed, but failed, to return to the Claimant by way of installment payments in accordance with a Repayment Agreement.
Love’s Labour’s Lost?: Online love scam: Unjust enrichment and the defence of bona fide change of position | JD Supra Original
Summary In a recent decision Luk Mei Suet Michelle v Afsafari Services Co Ltd and Others ([2022] HKDC 191, DCCJ 5593/2018, 23 February 2022), the Hong Kong District Court considered the applicability of the defence of bona fide change of position to an unjust enrichment claim brought by a victim of an online romance scam. Brief facts This was a civil claim relating to a catfishing scam – a fraudster sets up a fake online profile to extract money out of people who are looking for love.
Sanctioned offer made at an early stage of the proceedings - unjust to impose costs consequences?
It is well known to dispute resolution practitioners that an important matter is to turn your mind to putting in place costs protection, and to do so as at early stage of the dispute. In Hong Kong litigation, a plaintiff may make a “sanctioned offer” at any time after the commencement and before the conclusion of a legal action.
Fraud cases: Hong Kong Court’s jurisdiction on the grant of vesting orders | JD Supra
Regrettably, internet scams are on the rise in Hong Kong, consistent with the regrettable world trend. According to police, reports of cybercrimes in Hong Kong surged more than sevenfold during the past decade to 16,159 cases in 2021, involving monetary losses totalling more than HK$3 billion. One of the legal remedies available to victims of fraud is a vesting order under section 52 of the Trustee Ordinance (Cap.
Frustration and rent abatement in commercial leases - Hong Kong Court rules on the impacts of COVID-19 pandemic | JD Supra
More than two years into the COVID-19 pandemic, anecdotal reports are that there have been many disputes between landlords and tenants about how the pandemic might affect the tenant’s payment obligations. Tenants reportedly have sought to take refuge in arguments such as (a) alleged frustration of the tenancy agreement and (b) triggering of the rent abatement clause.
Rectification and removal of incorrect information on the Companies Register | JD Supra Original
Summary The Companies Register (“the Register”) is the repository of the records of Hong Kong companies, and is maintained by the Companies Registrar. In general terms, the records within the Register are available for public search. But, what is the position if the Register records incorrect information, which is filed without the company’s authority? What legal recourses are available to the company?
Assessment of damages for breach of contract: costs of cure vs difference in value | JD Supra
Summary The most common remedy for breach of contract is the award of damages. The usual aim of the court is to place, as far as possible, the innocent party in the position it would have been in had the breaching party performed their contractual obligations. Two usual methods of assessing damages for breach, in a construction setting involving defects, are (i) the innocent party’s costs of curing the defective performance, or (ii) the difference in value by reason of the defective performance.
The Hong Kong District Court has exclusive jurisdiction to hear stamp duty appeals
Hong Kong January 10 2022 Summary John Wiley & Sons UK2 LLP v Collector of Stamp Revenue [2021] 5 HKLRD 20, [2021] HKCFI 3060 was a ruling on whether the Court of First Instance has jurisdiction to hear a stamp duty appeal under section 14 of the Stamp Duty Ordinance (Cap. 117) ( “SDO”). Brief facts The appellants launched an appeal in the District Court against the assessment of stamp duty by the Collector of Stamp Revenue (the “Collector”) pursuant to section 14 of the SDO.
The Hong Kong approach where debtors lodge a petition for their own bankruptcy - how to prevent abuse of process Original
Summary If a person presents a petition for their own bankruptcy (“self-petition”), are there any safeguards to ensure that the self-petition is genuine, as opposed to a cynical device by the person to buy themselves time to pay, or to give themselves some negotiating position with their creditors? This interesting question was considered in a recent Hong Kong judgment.
The Hong Kong District Court has exclusive jurisdiction to hear stamp duty appeals | JD Supra
Summary John Wiley & Sons UK2 LLP v Collector of Stamp Revenue [2021] 5 HKLRD 20, [2021] HKCFI 3060 was a ruling on whether the Court of First Instance has jurisdiction to hear a stamp duty appeal under section 14 of the Stamp Duty Ordinance (Cap. 117) ( “SDO”). Brief facts The appellants launched an appeal in the District Court against the assessment of stamp duty by the Collector of Stamp Revenue (the “Collector”) pursuant to section 14 of the SDO.
Substituted service of HK judicial documents in Mainland China | JD Supra
Summary Given Hong Kong’s status as a special administration region of China, there are in place special arrangements for the mutual service of judicial documents between the two jurisdictions.
Landlord Tenant Dispute: Tenant’s liability to make good damage and defects after the expiry of the tenancy | JD Supra
Summary What is the allocation of responsibility for damage and defects after the expiry of a tenancy The dispute in So Hon Ming Francis v Cheung Lau Shau Chun and Another ([2021] HKDC 1494, DCCJ 367/2019, 29 November 2021) concerned the liability of the tenant to make good alleged damage and defects after the expiry of the tenancy.
Substituted Service Of HK Judicial Documents In Mainland China
To print this article, all you need is to be registered or login on Mondaq.com. Summary Given Hong Kong's status as a special administration region of China, there are in place special arrangements for the mutual service of judicial documents between the two jurisdictions.
Landlord's Duty To Mitigate After Tenant Default
Hong Kong: Landlord's Duty To Mitigate After Tenant Default 06 January 2022 by Glenn Haley and Carrie Yiu Bryan Cave Leighton Paisner LLP To print this article, all you need is to be registered or login on Mondaq.com. Brief facts This was a typical case of a delinquent tenant. In repudiatory breach of the Tenancy Agreement, the Tenant had failed to pay rent, management expenses and government rates for the Premises.
Landlord’s duty to mitigate after tenant default | JD Supra
Summary A recent Hong Kong Court of First Instance judgment, in Foxhill Investments Ltd v Sino Golden International Group Holdings Ltd [2021] HKCFI 3662 (HCA 2938/2018, 15 December 2021), clarifies the scope of the obligation of the landlord to mitigate its loss upon a tenant’s repudiatory breach of a tenancy agreement. Brief facts This was a typical case of a delinquent tenant.
HK Court of Appeal confirms the exceptional nature of the taking of evidence by way of video conferencing facilities | JD Supra
Introduction Amidst the COVID-19 pandemic, various travel restrictions and quarantine requirements remain in place. As the Hong Kong Judiciary recognises in the Guidance Note for Remote Hearings for Civil Business in the Civil Courts (Phase 3: Wider Video-Conferencing Facilities and Telephone), the public health situation “may impact the ability of witnesses and other participants to travel to and appear in the Hong Kong courts”.
Construction of lease in relation to tenant's obligation to reinstate | JD Supra
Disputes often arise about the extent of a tenant’s obligations to reinstate the leased premises at the conclusion of the lease. Large sums of money can be involved. Modern commercial leases usually contain a term dealing with the extent of the reinstatement obligations. As might be expected, the extent of the tenant’s obligation to reinstate is a question of construction of the relevant clauses in the lease in each case.
Development Of LawTech In Hong Kong - Litigation, Mediation & Arbitration - Hong Kong
Hong Kong: Development Of LawTech In Hong Kong 10 May 2021 by Glenn Haley and Carrie Yiu Bryan Cave Leighton Paisner LLP To print this article, all you need is to be registered or login on Mondaq.com. Introduction First things first. What is "LawTech"? "LawTech" is an increasingly common buzzword in the legal sector.
Recent Hong Kong Court Decision On A Bank's Liability On Its Employee's Fraudulent Conducts
Hong Kong: Recent Hong Kong Court Decision On A Bank's Liability On Its Employee's Fraudulent Conducts 10 May 2021 by Glenn Haley and Carrie Yiu Bryan Cave Leighton Paisner LLP To print this article, all you need is to be registered or login on Mondaq.com. Introduction What happens when a Bank's customer loses money due to a fraud perpetrated by an employee of the Bank? What, if any, remedies does the defrauded customer have against the Bank?
Recent Hong Kong Court decision on a bank’s liability on its employee’s fraudulent conducts | JD Supra
Introduction What happens when a Bank’s customer loses money due to a fraud perpetrated by an employee of the Bank? What, if any, remedies does the defrauded customer have against the Bank? The Hong Kong Court of First Instance Luk Wing Yan v CMB Wing Lung Bank Ltd (previously known as Wing Lung Bank Ltd) [2021] HKCFI 279 considered these issues.
Development of LawTech in Hong Kong | JD Supra
Introduction First things first. What is “LawTech”? “LawTech” is an increasingly common buzzword in the legal sector. The Law Society of England and Wales defines “LawTech” as “technologies that aim to support, supplement or replace traditional methods for delivering legal services, or that improve the way the justice system operates”. The use of technology has been transforming the legal landscape around the world. The outbreak of COVID-19 has brought the need for LawTech further to the forefront.
Development of LawTech in Hong Kong | Lexology
Introduction First things first. What is “LawTech”? “LawTech” is an increasingly common buzzword in the legal sector. The Law Society of England and Wales defines “LawTech” as “technologies that aim to support, supplement or replace traditional methods for delivering legal services, or that improve the way the justice system operates”. The use of technology has been transforming the legal landscape around the world. The outbreak of COVID-19 has brought the need for LawTech further to the forefront.
Marking your letter “subject to contract”: what does the label mean? Recent English Court of Appeal judgment | JD Supra
It is not uncommon to start a correspondence with a “subject to contract” label. But what does this mean? What is its legal effect? The recent English Court of Appeal judgment in Joanne Properties Ltd v Moneything Capital Ltd & Anor [2020] EWCA Civ 1541 (19 November 2020) provides a succinct explanation of the legal principles behind the “subject to contract” label and its effects to prevent the formation of a binding contract before formal documentation is entered into.
Hong Kong court confirmed examination orders can be served on officers of corporate judgment debtors out of jurisdiction | JD Supra
When seeking to enforce a judgment against a company, one part of the enforcement process is to compel the officers of the company to submit to formal questioning about the financial affairs of the company. But what to do if the company officers are located overseas? The Hong Kong Court of First Instance considered this issue in the recent case of Changfeng Shipping Holdings Ltd v. Sinoriches Enterprises Co., Ltd (HCCT 59/2019, [2020] HKCFI 2703, 1 December 2020).
Singapore High Court’s ruling on overlapping arbitration and jurisdiction clauses | JD Supra
Introduction A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity and certainty; otherwise parties may have no choice but to argue about the dispute resolution clause itself.
Singapore High Court’s ruling on overlapping arbitration and jurisdiction clauses | Lexology
Introduction A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity and certainty; otherwise parties may have no choice but to argue about the dispute resolution clause itself.
Hong Kong court confirmed examination orders can be served on officers of corporate judgment debtors out of jurisdiction | Lexology
When seeking to enforce a judgment against a company, one part of the enforcement process is to compel the officers of the company to submit to formal questioning about the financial affairs of the company. But what to do if the company officers are located overseas? The Hong Kong Court of First Instance considered this issue in the recent case of Changfeng Shipping Holdings Ltd v. Sinoriches Enterprises Co., Ltd (HCCT 59/2019, [2020] HKCFI 2703, 1 December 2020).
HKIAC committed to go green | JD Supra
On 21 January 2021, the Hong Kong International Arbitration Centre (“HKIAC”) announced its signing of the Green Pledge and support to the Campaign for Greener Arbitrations (the “Campaign”). Environmental impacts of arbitrations Pursuant to an initial study, the carbon emission of a medium-large scale arbitration needs to be offset by around 20,000 trees, equivalent to four times the number of trees in Hyde Park, London or all of the trees in Central Park, New York City.
Attempt to resist enforcement of a PRC arbitral award in Hong Kong, by arguing that the arbitration agreement was tainted by forgery | Lexology
Introduction Shenzhen Honeycomb System Co Ltd v HCT Technologies (Hong Kong) Co Limited (HCCT 20/2019, [2020] HKCFI 3175, 31 December 2020) confirms the Hong Kong court’s pro-arbitration and pro-enforcement approach. The case involved how the Hong Kong Court of First Instance (the “Court”) approached an attempt to resist enforcement of an arbitral award obtained in the Mainland China on the basis of the award debtor’s claim of forgery of the underlying agreement.
HKIAC updates on the implementation of the Interim Measures Arrangement between Hong Kong and the PRC | Lexology
China, Hong Kong
September 15 2020 HKIAC recently published information regarding the processing of applications under the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region” signed between the Hong Kong Government and the PRC Supreme People’s Court.
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