Hong Kong Case Law: Decisions & Judgments

Topic

Agency agreement

Legal area

Court

31 Jan 2023

CENTALINE PROPERTY AGENCY LTD v. LEE PO CHU FEONA

Citation

[2023] HKCFI 261
Court

Court of First Instance
Case number

HCA2054/2016

The court held that Lee was bound by the Agency Agreement and Commission Agreement she signed; the non est factum defence failed because the documents were not fundamentally different from what she knew and she had sufficient background and contemporaneous evidence showing knowledge of a share transfer transaction and BVI vendor entities; there was no persuasive evidence that the vendor was the defaulting party such as to absolve Lee; accordingly Centaline was entitled to recover the agreed commission as liquidated damages.
21 Sept 2020

RE HO LONG MAN

Citation

[2020] HKCFI 2510
Court

Court of First Instance
Case number

HCB7556/2019

The financing payments became immediately repayable under the contractual provisions on termination; the debtor neither paid nor filed evidence or appeared to dispute the debt after a statutory demand, therefore there was no defence and the court made the usual bankruptcy order with costs.
22 Jan 2020

FAIRMILE CONSULTANTS LTD v. ESQUEL ENTERPRISES LTD

Citation

[2020] HKCFI 253
Court

Court of First Instance
Case number

HCA251/2019

The court held that after the defendant filed its evidence on 16 May 2019 the factual disputes were plainly unsuitable for summary determination and the plaintiff should not have continued the summary judgment application; accordingly costs incurred after 16 May 2019 are to be paid to the defendant and immediately taxed/paid forthwith, while costs incurred on or before 16 May 2019 remain defendant's costs in the cause.
19 Feb 2019

RE SZETO CHI SING

Citation

[2019] HKCFI 434
Court

Court of First Instance
Case number

HCB1209/2018

The debtor failed to discharge the burden of demonstrating a bona fide dispute on substantial grounds or credible evidence of bad faith in termination; Sun Life's unrebutted commercial reasons and past forbearance showed no improper motive; the clawback clause was properly triggered by termination in the 37th–48th month and the debt in the statutory demand was proved; accordingly the petition was proved and a bankruptcy order was made.
29 May 2014

UNIVERSAL WORLDWIDE TRANSPORTATION LTD v. CARIBBEAN (LATIN AMERICA) CARGO SERVICES LTD AND OTHERS

Citation

UNIVERSAL WORLDWIDE TRANSPORTATION LTD v. CARIBBEAN (LATIN AMERICA) CARGO SERVICES LTD AND OTHERS
Court

Court of First Instance
Case number

HCA917/2011

The court found on the balance of probabilities that an oral agreement and the parties' conduct (return of originals and a back‑dated receipt) evidenced an intention to discharge the Loan Agreement and Guarantees by treating the US$500,000 as part payment of the deposit under the agency Agreement; however the agency Agreement was incomplete and therefore invalid in respect of remuneration, so restitution principles require repayment by the principal company (D1) but the personal guarantees had been discharged by the valid transfer/conduct and accordingly D2‑D5 were not personally liable.
13 May 2013

J.T. INTERNATIONAL LTD v. BEST ENTERPRISE COMPANY

Citation

J.T. INTERNATIONAL LTD v. BEST ENTERPRISE COMPANY <br><br>
Court

District Court
Case number

DCCJ76/2012

The Agreement, construed against the factual matrix and specific contractual terms (including timing of commission triggers, promotional expense allocation and deductions), did not cover OEM/private label services; no OEM agreement was proved between the defendant and PARKnSHOP that would give rise to commission payable to the plaintiff; accordingly the plaintiff's claim for OEM commissions is dismissed while earlier judgment for YES brand commissions remains enforceable and an accounting is ordered.
3 Dec 2010

MAXDO PROJECT MANAGEMENT CO LTD v. MARQUIS THOMAS FRANCIS

Citation

MAXDO PROJECT MANAGEMENT CO LTD v. MARQUIS THOMAS FRANCIS
Court

District Court
Case number

DCCJ1004/2010

The court refused to vary the costs order because the defence was not a mere bare denial, the defence and affidavits raised substantive points denying agency and indemnity, and special circumstances existed given the statement of claim's lack of particulars; accordingly costs were awarded to the Defendant.
21 Oct 2009

RE WONG KAI FUNG

Citation

RE WONG KAI FUNG
Court

Court of First Instance
Case number

HCB424/2009

The debtor failed to raise a bona fide dispute on substantial grounds; the advance remained a loan payable under the Loan Agreement because the agency agreement was terminated within 36 months; substituted service by advertisement was valid; therefore a bankruptcy order should be made and costs awarded to the petitioner.
9 Apr 2009

CHAN SZE SZE GABRIELLE v. TU CHRISTOPHER

Citation

CHAN SZE SZE GABRIELLE v. TU CHRISTOPHER
Court

Court of First Instance
Case number

HCA2007/2005

Plaintiff was not a money lender; loan of HK$3,000,000 is enforceable; Loan Agreement to be rectified by deleting Clause 3.2; Defendant breached the Agency Agreement by consigning paintings to Christies and denying Plaintiff access; Plaintiff owed no contractual or tortious duty to advise on authenticity or valuation; counterclaim dismissed; judgment for Plaintiff for HK$3,000,000 plus contractual interest and costs, damages for breach of agency to be assessed.
17 Nov 2008

CHEUNG YUK SHING t/a KAM SHING MOTOR TRADING CO. v. TANG HOI IP AND ANOTHER

Citation

CHEUNG YUK SHING t/a KAM SHING MOTOR TRADING CO. v. TANG HOI IP AND ANOTHER
Court

Court of First Instance
Case number

HCA1218/2004

The court accepted the Agency Agreement, consistent receipts and credible testimony of the Tangs and agent's assistant, and rejected Cheung's account; on the balance of probabilities the payments were management fees under an agency arrangement and not refundable rental advancements, therefore Cheung had no right of set-off and Spokesman was entitled to judgment for arrears and mesne profit while Cheung's claims against the Tangs were dismissed.