In Oon Kim Koh v Quest Investments Ltd & Anor [2024] HKDC 2105, DDJ Aidan Tam, in granting judgment in favour of the plaintiff following a 2-day contested trial, emphasised the importance of pleadings and the need to put forth a positive defence.

In rejecting the defendant’s application for leave to appeal ([2025] HKDC 1196), DDJ Aidan Tam highlighted the need for the defendant to pinpoint errors in the first instance judgment, and that an appeal is not an occasion to regurgitate the same arguments rejected by the first instance judge. The learned judge held that the intended appeal was hopeless, and awarded costs to the plaintiff on an indemnity basis. The judge also granted the application by Munros for the costs of the trial to be paid by the defendant to the plaintiff on an indemnity basis.

Sebastian Hughes (at trial) and Lavesh Kirpalani (for the leave to appeal application) were instructed by Lewis Man and Hillary Yue of Munros to act for the plaintiff. 

The trial judgment can be found here: https://hklii.hk/en/cases/hkdc/2024/2105

The leave to appeal judgment can be found here: https://hklii.hk/en/cases/hkdc/2025/1196

The costs variation judgment can be found here: https://hklii.hk/en/cases/hkdc/2025/1198