KADESY DEVELOPMENT LTD. AND OTHERS v. CHINA HARVEST PROPERTIES LTD. AND ANOTHER

KADESY DEVELOPMENT LTD. AND OTHERS v. CHINA HARVEST PROPERTIES LTD. AND ANOTHER

The 20 August 1999 letter signed on the firm's letterhead constituted an offer which the Plaintiffs accepted, as evidenced by issuance of debit notes and payment of two instalments; the partners were bound under the Partnership Ordinance and the evidence did not disclose any triable issue or credible agency defence, so summary judgment was properly entered (subject to varying the interest rate to judgment rate).

Citation
KADESY DEVELOPMENT LTD. AND OTHERS v. CHINA HARVEST PROPERTIES LTD. AND ANOTHER
Parties
1st Plaintiff: KADESY DEVELOPMENT LIMITED; 2nd Plaintiff: CHEER UNITY DEVELOPMENT LIMITED; 3rd Plaintiff: CHEUK TAT DEVELOPMENT LIMITED; 4th Plaintiff: CHEER SIGNAL INVESTMENT LIMITED; 1st Defendant: CHINA HARVEST PROPERTIES LIMITED; 2nd Defendant (partner, Trading as Livasiri & Co.): ANKANA LIVASIRI; 2nd Defendant (partner, Trading as Livasiri & Co.): FAN CHUN SHING DAVID; 2nd Defendant (partner, Trading as Livasiri & Co.): CHEUNG WAI HUNG DAVID
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 December 2000
Case Number
HCA6123/2000
Procedural Posture
Civil (contract/lease Enforcement and Summary Judgment) / Appeal From Master's Order Granting Summary Judgment (order 14)
Outcome
Appeal dismissed except that the rate of interest was varied to judgment rate; costs awarded to Plaintiffs.
Legal Topics
Summary Judgment, Settlement Agreement Enforcement, Agency, Authority of Partners, Interest on Judgment
Source Language
EN
Contract Property Civil Procedure Partnership Law Summary Judgment Settlement Agreement Enforcement Agency Authority of Partners +1 more

Case Brief

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Parties

KADESY DEVELOPMENT LIMITED

1st Plaintiff

CHEER UNITY DEVELOPMENT LIMITED

2nd Plaintiff

CHEUK TAT DEVELOPMENT LIMITED

3rd Plaintiff

CHEER SIGNAL INVESTMENT LIMITED

4th Plaintiff

CHINA HARVEST PROPERTIES LIMITED

1st Defendant

ANKANA LIVASIRI

2nd Defendant (partner, Trading as Livasiri & Co.)

FAN CHUN SHING DAVID

2nd Defendant (partner, Trading as Livasiri & Co.)

CHEUNG WAI HUNG DAVID

2nd Defendant (partner, Trading as Livasiri & Co.)

Procedural Posture

Civil (contract/lease Enforcement and Summary Judgment) / Appeal From Master's Order Granting Summary Judgment (order 14)

Legal Issues

  1. 1 Whether the 20 August 1999 letter constituted a binding agreement accepted by the Plaintiffs
  2. 2 Whether the Plaintiffs' issuance of debit notes and payments amounted to acceptance of the firm's offer
  3. 3 Whether the solicitors acted as agents of the tenant or as principals and whether partners were bound

Ratio Decidendi

The 20 August 1999 letter signed on the firm's letterhead constituted an offer which the Plaintiffs accepted, as evidenced by issuance of debit notes and payment of two instalments; the partners were bound under the Partnership Ordinance and the evidence did not disclose any triable issue or credible agency defence, so summary judgment was properly entered (subject to varying the interest rate to judgment rate).

Court Disposition

Appeal dismissed except that the rate of interest was varied to judgment rate; costs awarded to Plaintiffs.

Orders

  • Appeal dismissed
  • Order varied so that rate of interest is at judgment rate