Hong Kong Case Law: Decisions & Judgments

Topic

Authority to bind company

Legal area

Court

29 Nov 2004

SILVER MART TRADING LTD v. HONG KONG FOUR SEAS TOURS LTD

Citation

SILVER MART TRADING LTD v. HONG KONG FOUR SEAS TOURS LTD
Court

Court of First Instance
Case number

HCA9559/1999

Defendant breached the sale agreement by refusing to complete; plaintiff entitled to return of deposit and damages computed as market value at date of judgment minus contractual price plus quantified loss of rental net of financing interest; unchallenged expert evidence accepted and defendant's defences dismissed for lack of evidence.
15 Mar 2004

K & E REAL ESTATE (CHINA) LTD v. K & E CO LTD

Citation

K & E REAL ESTATE (CHINA) LTD v. K & E CO LTD
Court

District Court
Case number

DCCJ10728/2001

Judge found on the facts that both Shanghai and Beijing premises remained at the company's disposal and were used so that K & E Company Limited was liable for unpaid rent; Mr To had authority to bind K & E by virtue of his seniority and apparent authority; the Board was aware of Mr Chuang's landlord status and disclosure requirements were substantially complied with so leases were not voidable; no estoppel was proved; accordingly judgment for plaintiffs for the claimed rents except the February 2001 Beijing claim which was dismissed; third party claims against Mr Chuang and Mr To failed.
23 May 2003

HALCROW CHINA LTD v. UTEC LTD

Citation

HALCROW CHINA LTD v. UTEC LTD
Court

District Court
Case number

DCCJ6319/2002

The court held that the defendant produced no credible triable issue: payments and conduct (including engagement with its accountants and confirmation correspondence) established that the defendant accepted liability or ratified the agreement despite the disputed signature; therefore summary judgment for the plaintiff was properly entered and the appeal was dismissed.

Hong Kong Case Law

SILVER MART TRADING LTD v. HONG KONG FOUR SEAS TOURS LTD

K & E REAL ESTATE (CHINA) LTD v. K & E CO LTD

HALCROW CHINA LTD v. UTEC LTD