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The Hong Kong High Court has recently granted proprietary remedies over bitcoins that were misappropriated by a fraudulent agent in Nico Constantijn Antonius Samara v Stive Jean Paul Dan [2022] HKCFI 1254. The victim was granted relief to recover the misappropriated bitcoins, sale proceeds and the fruits thereof. This decision suggests that bitcoins, and by … Read more
In a notable judgment (Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873), the Hong Kong Court of Appeal (CA) has adopted the modern approach to penalty clauses handed down in the UK Supreme Court in Cavendish Square Holding BV v Talal El Makdessi [2016] AC 1172. The recent appellate decision has … Read more
A landmark decision of the Hong Kong Court of Final Appeal (CFA) has upheld the decision of the Court of Appeal (discussed here) that the Hong Kong Director of Immigration’s policy of refusing to grant dependant visas to same sex spouses is discriminatory and not justified (QT v Director of Immigration [2018] HKCFA 28). Read more
Amendments to the Employment Ordinance (“EO“) which strengthen the Labour Tribunal’s (“LT“) powers to make an order for reinstatement or re-engagement where an employee has been unreasonably and unlawfully dismissed have been passed and are to take effect from 19 October 2018. This represents a move away from the current position where both the employer … Read more
We discussed aspects of “Wrotham Park damages” (also called “license fee damages” or “negotiating damages”) in Herbert Smith Freehills Hong Kong office’s recent Contract Disputes Seminar “Getting your just deserts: remedies for breach of contract”. To recap, in some cases where there has been a breach of contract, instead of awarding damages calculated on the … Read more
In the recent case of Joseph Ghossoub v Team Y&R Holdings Hong Kong Ltd and others, the Hong Kong High Court considered issues of third party rights, jurisdiction clauses and forum in the context of an unfair prejudice petition. In considering whether the Hong Kong action ought to be stayed pursuant to a jurisdiction clause … Read more