HANG LUNG BANK LTD v. ASIA LANDS AND PROPERTIES LTD

HANG LUNG BANK LTD v. ASIA LANDS AND PROPERTIES LTD

The court held that the without prejudice correspondence evidenced an agreement because the defendant accepted the terms in the letters; therefore the correspondence was admissible and established liability for the claimed interest, and the appeal was dismissed with costs.

Citation
HANG LUNG BANK LTD v. ASIA LANDS AND PROPERTIES LTD
Parties
Plaintiff (respondent): Hang Lung Bank Limited; Defendant (appellant): Asia Lands and Properties Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 1984
Case Number
HCA2710/1984
Procedural Posture
Civil Contract/debt / Appeal Against Master Hansen's Judgment on Summons Under Order 14 (summary Judgment)
Outcome
Appeal dismissed with costs
Legal Topics
Without Prejudice Correspondence, Prepayment Surcharge, Interest on Prepayment, Summary Judgment (order 14)
Source Language
EN
Contract Civil Procedure Evidence Without Prejudice Correspondence Prepayment Surcharge Interest on Prepayment Summary Judgment (order 14)

Case Brief

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Parties

Hang Lung Bank Limited

Plaintiff (respondent)

Asia Lands and Properties Limited

Defendant (appellant)

Procedural Posture

Civil Contract/debt / Appeal Against Master Hansen's Judgment on Summons Under Order 14 (summary Judgment)

Legal Issues

  1. 1 Whether without prejudice correspondence was admissible to establish a binding agreement
  2. 2 Whether a binding agreement to pay interest was concluded between the parties
  3. 3 Whether the defendant was liable to pay the claimed interest and related surcharges

Ratio Decidendi

The court held that the without prejudice correspondence evidenced an agreement because the defendant accepted the terms in the letters; therefore the correspondence was admissible and established liability for the claimed interest, and the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs