JOHN JOSEPH MC GEE V. NOLD (HK) LTD AND OTHERS

[2024] HKCA 354 Court of Appeal 19 April 2024 • CACV497/2022 • 15 min read

3 cases cited (0 HK, 3 foreign) Cited by 7 cases

Outcome

Appeal allowed

the appeal succeeds, there would be little or no reasonable prospect of the Appellant Defendants recovering their money paid to the Plaintiff pursuant to the judgment, if their appeal should ultimately be successful.

Source: [2024] HKCA 354, Court of Appeal, decided 19 April 2024. Read directly from the judgment.

Practice Areas

Theft, Fraud & Dishonesty

Judges (2)

Au Coram Barma Coram

Counsel (5)

M K Lam & Co Firm Robertsons Firm David Cheung Counsel Defendant James Sherry Counsel Defendant Tinny Chan Counsel Plaintiff

Parties (16)

CHI YU (or the account holder(s) of account no 04350310417522) Defendant Fong's Collection Limited Defendant Fong's Trading International Company Limited Defendant Gui Chuang Yi Trade Limited Defendant Haoxing Industry Limited Defendant Innovative Mould Industrial (Hong Kong) Limited Defendant Jointronic Technology Co. Limited Defendant Junkan Co., Limited Defendant Mansd Limited Defendant Masterpiece Global Company Limited Defendant Maxsunda (Hk) Supply Chain Limited Defendant Moyang Sunglasses Co., Limited Defendant Nold (Hk) Limited Defendant Sandtech Technology Co. Limited Defendant Zhengtai Import and Export Trading Limited Defendant John Joseph Mc Gee Plaintiff

Case Significance

John Joseph Mc Gee v. Nold (HK) Ltd and Others [2024] HKCA 354 is a Court of Appeal decision dated 19 April 2024, classified under Theft, Fraud & Dishonesty. The Court of Appeal held that 'the appeal succeeds, there would be little or no reasonable prospect of the Appellant Defendants recovering their money paid to the Plaintiff pursuant to the judgment, if their appeal should ultimately be successful,' recording the outcome as an appeal allowed. The decision has since been cited in later Court of Appeal and Court of First Instance judgments, including Fung Shing Chung v. Choi King Hung [2024] HKCA 1021 and Capital Century Textile Company Ltd v. Li Dianxiao and Another [2024] HKCA 651.

What did the Court of Appeal hold in John Joseph Mc Gee v. Nold (HK) Ltd and Others [2024] HKCA 354?

In John Joseph Mc Gee v. Nold (HK) Ltd and Others [2024] HKCA 354, the Court of Appeal allowed the appeal, holding there would be little or no reasonable prospect of the Appellant Defendants recovering money already paid to the Plaintiff under the judgment even if their appeal ultimately succeeded.

Which later cases cited John Joseph Mc Gee v. Nold (HK) Ltd and Others [2024] HKCA 354?

John Joseph Mc Gee v. Nold (HK) Ltd and Others [2024] HKCA 354 was later cited in Fung Shing Chung v. Choi King Hung [2024] HKCA 1021 and Capital Century Textile Company Ltd v. Li Dianxiao and Another [2024] HKCA 651, among other judgments.

Cases Cited (3)

HK (3)

[2007] 5 HKC 84 [2021] HKCA 1196 [2022] HKCFI 3598

Cited By (7)

[2026] HKCA 1075

LOK HO TING V. KEYES GLOBAL HOLDINGS LTD

[2026] HKCFI 1755

MAJESTIC PLAN INTERNATIONAL LTD AND OTHERS V. JI CHANGQUN

[2025] HKCFI 5633

NOBLESEED PARTNERS LTD V. ZHANG QIAN QIAN

[2025] HKCFI 4132

TO KAN CHI AND ANOTHER V. TO KIN WAH AND OTHERS

[2025] HKCFI 2658

AGGRESSIVE CONSTRUCTION COMPANY LTD V. DIRECTOR OF BUILDINGS (IN HIS CAPACITY AS THE BUILDING AUTHORITY) AND ANOTHER

[2024] HKCA 1021

FUNG SHING CHUNG V. CHOI KING HUNG

[2024] HKCA 651

CAPITAL CENTURY TEXTILE COMPANY LTD V. LI DIANXIAO AND ANOTHER (and 1 other)

Citation influence

HKLII records this judgment as cited by 7 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2024] HKCA 1021 Court of Appeal

4 November 2024

[2025] HKCFI 2658 Court of First Instance

19 June 2025

[2024] HKCA 651 Court of Appeal

11 July 2024

[2026] HKCA 1075 Court of Appeal

29 June 2026

[2026] HKCFI 1755 Court of First Instance

1 April 2026

[2025] HKCFI 5633 Court of First Instance

19 November 2025