Hong Kong Case Law: Decisions & Judgments

Topic

Authority of signatory

Legal area

Court

4 Oct 2007

GIAN ANDREA PESCI AND ANOTHER v. PETER MIU AND ANOTHER

Citation

GIAN ANDREA PESCI AND ANOTHER v. PETER MIU AND ANOTHER
Court

Court of First Instance
Case number

HCA2075/2006

The appeal was dismissed because the matters contended to be uncertain arose from the wording of the Memorandum of Agreement and required construction and evidence at trial rather than further and better particulars; the plaintiffs had pleaded the transfer and the claimed purchase consideration sufficiently and the loss was pleaded as US$200,000 so particulars were unnecessary.
28 Apr 2006

CHINA TREASURE CO LTD v. RICH LONG LTD

Citation

CHINA TREASURE CO LTD v. RICH LONG LTD
Court

Court of First Instance
Case number

HCA70/2003

There was credible evidence that the Plaintiff lacked substantial assets beyond its $10,000 paid up capital, had directors/shareholders resident abroad, and no evidence that controllers would fund any costs order; given that and the limited strength of the Defendant's defence, the exercise of discretion to order security was justified and the Master's order for $400,000 security was upheld.
7 May 2003

NG CHUNG WO AND ANOTHER v. NG KING WAH AND ANOTHER

Citation

NG CHUNG WO AND ANOTHER v. NG KING WAH AND ANOTHER
Court

Court of First Instance
Case number

HCMP1707/2002

Defendants failed to prove good title because they did not produce the primary evidence (board resolution) authorising OGCL's execution of the Assignment and did not produce the powers appointing Mak Pak Hung as the bank's attorney; late production of evidence after the completion date could not cure the failure to answer requisitions before completion and the plaintiffs did not waive the completion date; therefore plaintiffs validly rescinded and are entitled to return of the deposit and indemnities.
3 Aug 1999

DAVIS LANGDON & SEAH CHINA LTD. v. SEALAND HOUSING CORPORATION

Citation

DAVIS LANGDON & SEAH CHINA LTD. v. SEALAND HOUSING CORPORATION
Court

Court of First Instance
Case number

HCA17621/1998

Because there were genuine disputes on authority and on whether the first cost plan was completed, summary judgment could not be entered; the defendant was granted unconditional leave to defend.
19 May 1997

WONG NAM KIN t/a UNION LASER INTERIORS CO v. TSUI MING YAT t/a KENNY JEWELLERY

Citation

WONG NAM KIN t/a UNION LASER INTERIORS CO v. TSUI MING YAT t/a KENNY JEWELLERY
Court

Court of First Instance
Case number

HCA8606/1996

The defendant failed to provide credible evidence that the cheques were given for no consideration; cheques drawn by an authorised signatory on the company's bank account attract the presumption of value; acceptance of post-dated cheques amounted to detriment and thus constituted valid consideration; summary judgment against the defendant was proper and must be upheld.

Hong Kong Case Law

GIAN ANDREA PESCI AND ANOTHER v. PETER MIU AND ANOTHER

CHINA TREASURE CO LTD v. RICH LONG LTD

NG CHUNG WO AND ANOTHER v. NG KING WAH AND ANOTHER

DAVIS LANGDON & SEAH CHINA LTD. v. SEALAND HOUSING CORPORATION

WONG NAM KIN t/a UNION LASER INTERIORS CO v. TSUI MING YAT t/a KENNY JEWELLERY