Hong Kong Case Law: Decisions & Judgments

Topic

Breach and repudiation

Legal area

Court

16 Jun 2021

GOLDBAY FORTIS LTD v. RICH RESOURCE DEVELOPMENT LTD

Citation

[2021] HKCFI 1684
Court

Court of First Instance
Case number

HCA2449/2013

The Memorandum of 12 September 2013 created a valid and enforceable preemptive right supported by consideration and subject to implied terms (including duties of good faith and best endeavours not to deprive the grantee); Rich Resource wrongfully repudiated the Memorandum by terminating before the objectively ascertained Deadlock Stage and in bad faith and had entered a binding memorandum with High Peace before termination; Asia Allied (Chun Wo) procured that breach and is jointly and severally liable with Rich Resource; damages for Goldbay Fortis were assessed at HK$164.01 million; countercl…
21 Dec 2006

BIRKART GLOBISTICS LTD v. BOMAFA ARMATUREN LTD

Citation

BIRKART GLOBISTICS LTD v. BOMAFA ARMATUREN LTD
Court

District Court
Case number

DCCJ1527/2005

On the evidence (quotations, emails and conduct) the contract for the first shipment was a door-to-door contract including customs clearance; the plaintiff and its agents failed to follow up and mishandled documentation causing delay amounting to breach; the defendant lawfully repudiated and mitigated loss; plaintiff's claim on the first shipment is dismissed, plaintiff is entitled only to freight for the second shipment, and the defendant's counterclaim is allowed with set-off and interest.
9 Sept 1999

LEUNG HING CHOW v. KUAN HENG CHOI

Citation

LEUNG HING CHOW v. KUAN HENG CHOI
Court

Court of First Instance
Case number

HCA13111/1997

The court held clause 20 does not permit a deficiency claim absent an actual resale; common law loss of bargain is available where no resale but measured at market value at time of breach (scheduled completion date); on the evidence there was no loss of bargain; reinstatement costs caused by the Defendant were recoverable under clause 31(b) and awarded $38,000; Defendant liable for rates, government rent and management fees for license and trespass periods, locksmith costs of $1,885, loss of use amounts per the tenancy evidence, and $2,000 for the discarded cabinet; total judgment $52,533.22…
9 Jun 1986

TAI KONG ENTERPRISES CO v. LI HOK SO, JOHN t/a TIN YEN CO AND ANOTHER

Citation

TAI KONG ENTERPRISES CO v. LI HOK SO, JOHN t/a TIN YEN CO AND ANOTHER
Court

Court of First Instance
Case number

HCA2251/1985

On the balance of probabilities the court accepted the plaintiff's evidence that the agreement was varied to 1.5 tonnes and that the 1st defendant (through Li) refused to permit weighing/delivery and subsequently resold the goods, constituting breach and repudiation; accordingly the deposit must be returned and the plaintiff is entitled to damages for loss of profit on the resale (US$3,750).
14 Feb 1980

CHIU CHUNG YUET-KING AND OTHERS v. GOOD EARTH TRAVEL SERVICE

Citation

CHIU CHUNG YUET-KING AND OTHERS v. GOOD EARTH TRAVEL SERVICE
Court

Court of First Instance
Case number

HCSA8/1979

The Court upheld the tribunal's finding that no express oral promise was proved but concluded the adjudicator improperly decided the issue on inadequate evidence without warning the parties that the absent witness (the mother) needed to be called; the brochure's terms supported entitlement to one room and child reduced rates; admission of the British Airways brochure was irrelevant though neutral; telexes were marginally relevant; the matter must be retried by another adjudicator and costs awarded as set out.

Hong Kong Case Law

GOLDBAY FORTIS LTD v. RICH RESOURCE DEVELOPMENT LTD

BIRKART GLOBISTICS LTD v. BOMAFA ARMATUREN LTD

LEUNG HING CHOW v. KUAN HENG CHOI

TAI KONG ENTERPRISES CO v. LI HOK SO, JOHN t/a TIN YEN CO AND ANOTHER

CHIU CHUNG YUET-KING AND OTHERS v. GOOD EARTH TRAVEL SERVICE