Hong Kong Case Law: Decisions & Judgments

Topic

Agency agreements

Legal area

Court

21 May 2014

RE WONG WAI MAN

Citation

RE WONG WAI MAN
Court

Court of First Instance
Case number

HCB4912/2013

Clause 14 of the Agency Agreement provided a clear contractual mechanism for service by prepaid post; the Letter of termination was posted to the agreed address on 17 January 2012 and deemed served on 18 January 2012, the termination took effect on 6 February 2012 after the required notice period, the petitioner discharged the burden of proving posting by Certificate of Posting and affirmation, the respondent raised no bona fide dispute to the debt, and accordingly the court made a bankruptcy order against the respondent.
28 Oct 2010

FORTIS INSURANCE COMPANY (ASIA) LTD v. LAM HAU WAH INNEO

Citation

FORTIS INSURANCE COMPANY (ASIA) LTD v. LAM HAU WAH INNEO
Court

Court of Appeal
Case number

CACV86/2010

The Court of Appeal admitted part of the fresh evidence (notably Oliver Mak's affirmation and the documents in exhibit 10) as meeting the special‑grounds and reasonable‑diligence requirements and sufficient to raise triable issues as to the true character of several contested payments (1999 Loan, MFAs, 2nd 2008 Loan); because those triable issues defeated the basis for the earlier summary judgment to the full extent, the court varied the judgment (reduced the sum entered) and granted leave to defend the balance; the entire agreement clauses were not treated as an absolute bar because waiver/e…
20 Jun 2003

HO LUNG WAI STANLEY t/a CHEER RAINBOW MEMBERSHIP SERVICES v. KWOK YOK KWONG t/a B.A. MARKETING & CO

Citation

HO LUNG WAI STANLEY t/a CHEER RAINBOW MEMBERSHIP SERVICES v. KWOK YOK KWONG t/a B.A. MARKETING & CO
Court

District Court
Case number

DCCJ4731/2002

No term to permit forfeiture could be implied because it would contradict the express liquidated damages clause (clause 11); clause 11 constituted a valid liquidated damages provision fixing the parties' damages at HK$10,000, therefore summary judgment was appropriate and entered for the plaintiff against the defendant.
18 Jan 2001

ORIENTAL AIR TRANSPORT SERVICE LTD. v. CARGOCARE HONG KONG LTD.

Citation

ORIENTAL AIR TRANSPORT SERVICE LTD. v. CARGOCARE HONG KONG LTD.
Court

Court of First Instance
Case number

HCA5945/1997

The judge held that estoppel could not be conclusively determined at interlocutory stage and that, applying the Peruvian Guano test, the documents sought were reasonably likely to be relevant to the defendant's case; accordingly specific discovery was ordered and the defendant was granted the costs of the summons, with discovery costs to be costs in the cause.
16 Jul 1971

THE COMMISSIONER OF INLAND REVENUE v. INTERNATIONAL WOOD PRODUCTS LTD

Citation

THE COMMISSIONER OF INLAND REVENUE v. INTERNATIONAL WOOD PRODUCTS LTD
Court

Court of First Instance
Case number

HCIA2/1971

The Board of Review's factual finding that the operations producing the commissions were carried out outside Hong Kong was supported by the evidence (sub-agents solicited and concluded orders, principals in the Philippines executed contracts and shipped goods, taxpayer merely received commission statements) and is final on a case stated; therefore the commissions did not arise in Hong Kong and the assessment was correctly annulled, and this court will not reappraise facts under s.69 except to correct errors of law.

Hong Kong Case Law

RE WONG WAI MAN

FORTIS INSURANCE COMPANY (ASIA) LTD v. LAM HAU WAH INNEO

HO LUNG WAI STANLEY t/a CHEER RAINBOW MEMBERSHIP SERVICES v. KWOK YOK KWONG t/a B.A. MARKETING & CO

ORIENTAL AIR TRANSPORT SERVICE LTD. v. CARGOCARE HONG KONG LTD.

THE COMMISSIONER OF INLAND REVENUE v. INTERNATIONAL WOOD PRODUCTS LTD