Hong Kong Case Law: Decisions & Judgments

Topic

Cancellation of agreement

Legal area

Court

19 Dec 2007

KOK MEAU NGOR, JENNIFER v. EBERHARD SCHONEBURG

Citation

KOK MEAU NGOR, JENNIFER v. EBERHARD SCHONEBURG
Court

District Court
Case number

DCCJ4897/2005

Leave to appeal refused because the Court found no realistic prospect of success: evidence supported the finding that the Defendant acknowledged a $100,000 loan and that the Allotment Agreement was cancelled by agreement; stay of execution refused because there were no good and special reasons to deprive the Plaintiff of the judgment, the appeal would not render execution refusal nugatory, and the Defendant would not suffer uncompensable loss.
30 Jun 2003

ACTIVE PROFIT LTD v. NISSHO IWAI HONG KONG CORPORATION LTD AND OTHERS

Citation

ACTIVE PROFIT LTD v. NISSHO IWAI HONG KONG CORPORATION LTD AND OTHERS
Court

Court of First Instance
Case number

HCCL47/1998

The court held the plaintiff's deposits were held on trust (immediate and/or constructive/resulting) and that Nissho Hong Kong and Milemore breached their fiduciary and trust obligations by permitting the Beachshore shares to be transferred back to the vendors and by facilitating the subsequent sale to Sun Hung Kai, thereby depriving Active Profit of its equitable entitlement; Kodera was liable as controller of Milemore and as accessory (knowing assistance/receipt); Cho was liable as constructive trustee/assistant. Remedies include damages and an account of profits based on the Premium Agreem…
7 Nov 1989

NG CHUEN FAI RAYMOND v. NG YIU KWOK AND ANOTHER

Citation

NG CHUEN FAI RAYMOND v. NG YIU KWOK AND ANOTHER
Court

Court of First Instance
Case number

HCA3810/1988

The Chinese Sale and Purchase Agreement was a sub-sale with a separate cancellation to follow; no implied term or binding collateral agreement required prior or simultaneous cancellation; time for cancellation was not made of the essence; the parties reached a compromise releasing one another on 13 January 1987, thus discharging the plaintiffs' contractual obligations from that date and defeating the defendant's counterclaim.
19 Apr 1976

LAM KWONG-YICK v. HSIN CHONG CONSTRUCTION CO LTD

Citation

LAM KWONG-YICK v. HSIN CHONG CONSTRUCTION CO LTD
Court

Court of Appeal
Case number

CACV67/1976

The trial judge erred in treating the claimant's application as an application under s.17(5) to cancel an agreement rather than as a direct claim that the agreement was void; the employer had the onus to prove the agreement was a binding statutory agreement and the case must be remitted for trial so evidence can be led on that issue and the correct limitation provision (s.14 v. sub-s.(5)) applied.

Hong Kong Case Law

KOK MEAU NGOR, JENNIFER v. EBERHARD SCHONEBURG

ACTIVE PROFIT LTD v. NISSHO IWAI HONG KONG CORPORATION LTD AND OTHERS

NG CHUEN FAI RAYMOND v. NG YIU KWOK AND ANOTHER

LAM KWONG-YICK v. HSIN CHONG CONSTRUCTION CO LTD