Hong Kong Case Law: Decisions & Judgments

Topic

Buy-back agreement

Legal area

Court

28 Jul 2006

RODERICK JOHN SUTTON AND ANOTHER v. WEALTH MEGA LTD

Citation

RODERICK JOHN SUTTON AND ANOTHER v. WEALTH MEGA LTD
Court

Court of First Instance
Case number

HCMP1349/2006

Because the liquidators preserved a potential substantive defence based on an alleged oral buy-back agreement that could operate as a set-off and which could not be conveniently resolved by proof of debt in the liquidation, the court refused to stay the proceedings and allowed Wealth Mega to pursue its action (including determination by summary judgment or trial) so the disputed factual issue could be judicially determined.
10 Jan 2005

YU KAM POR v. NEW CENTRAL LTD

Citation

YU KAM POR v. NEW CENTRAL LTD
Court

District Court
Case number

DCCJ7038/2002

The court found on the facts that the deceased only intended to sell a small portion (about 300 sq.ft.), but the plaintiff failed to prove that the defendant had actual knowledge of that mistake. The buy-back option was not validly exercised (no credible proof of payment of HK$100) and the buy-back agreement was uncertain as drafted. Therefore rectification, specific performance or rescission were not available and the plaintiff's claim is dismissed.
9 Oct 1984

GOBIND MOHAN AND ANOTHER v. BRIAN SHANE MCELNEY AND OTHERS

Citation

GOBIND MOHAN AND ANOTHER v. BRIAN SHANE MCELNEY AND OTHERS
Court

Court of First Instance
Case number

HCA4611/1978

The court ruled that the pleaded negligence allegation concerning advice about avoiding fulfilment of the conditional Herald Luxim contracts had no real prospect of success on the merits and, in any event, the pleadings failed to particularise the claim adequately; accordingly the allegation was not open and cannot be sustained on the existing pleadings.

Hong Kong Case Law

RODERICK JOHN SUTTON AND ANOTHER v. WEALTH MEGA LTD

YU KAM POR v. NEW CENTRAL LTD

GOBIND MOHAN AND ANOTHER v. BRIAN SHANE MCELNEY AND OTHERS