Hong Kong Case Law: Decisions & Judgments

Topic

Commission agreements

Legal area

Court

28 Mar 2024

GOOD CENTURY HOLDINGS LTD v. HANG MEI TAT LTD

Citation

[2024] HKDC 501
Court

District Court
Case number

DCCJ5379/2019

The Commission Agreement, read in context and by ordinary meaning, created a commission arrangement (remuneration) where the listed costs are deducted from monthly sales and 50% of the resulting net is the commission; there is no express or inferable obligation for the Defendant to share 50% of any net loss of the Plaintiff, therefore the Plaintiff’s claims for losses (July–September 2018) and for the May Chu monthly packages fail; consequential set-off issues are therefore moot.
18 Feb 2010

LIMING CAPITAL LTD AND ANOTHER v. YEUNG HEI KWAN, JACKIE

Citation

LIMING CAPITAL LTD AND ANOTHER v. YEUNG HEI KWAN, JACKIE
Court

Court of First Instance
Case number

HCA1818/2008

The court concluded that objective contemporaneous communications (e-mails) and the unqualified terms of the cheque and the Ancillary Agreement established binding obligations to pay; the cheque was not shown to be conditional and the Ancillary Agreement contained an entire agreement clause and unambiguous payment obligation; alleged misrepresentation, duress or unilateral mistake were unsupported or legally insufficient to avoid the agreement. Accordingly the plaintiffs were entitled to partial judgment for HKD 7,917,074 with interest as ordered.
31 Dec 1997

CHINESE UNITED ESTABLISHMENT LTD. v. CHEUNG SIU KI and Another

Citation

CHINESE UNITED ESTABLISHMENT LTD. v. CHEUNG SIU KI and Another
Court

Court of First Instance
Case number

HCA8004/1995

On the balance of probabilities the court made specific factual findings: the investment plan and associated documents were sent and considered by the investors; Wellward was established at Cheung's direction and used as a conduit; the HK$11.75 million commission arrangement was known to investors and HK$4,000,000 was paid to Wellward; Cheung held certain interests (Nice Gain/Burlion) in circumstances creating conflict with Chinese United; Pang failed to prove the alleged misrepresentation about Burlion's purchase price. The court declined to finally order outcomes at judgment and invited par…
31 Dec 1997

CHINESE UNITED ESTABLISHMENTS LTD. v. CHEUNG SIU KI and Another

Citation

CHINESE UNITED ESTABLISHMENTS LTD. v. CHEUNG SIU KI and Another
Court

Court of First Instance
Case number

HCA3721/1995

The court preferred much of Cheung's factual narrative over Pang's but found significant credibility concerns in both. The court concluded investors had documentary notice (and thus awareness) of a large broker/commission payment; Wellward was established at Cheung's instigation and used as a conduit, and Cheung held Burlion shares in a trust relationship to Chinese United by virtue of his directorship and conflict; Pang failed to prove the alleged misrepresentation about Burlion's purchase price. The judge declined to make final substantive orders and required the parties to draft orders ref…
18 Jun 1997

LEUNG YIN t/a LEUNG YIN CO. v. CHEUNG KONG (HOLDINGS) LTD.

Citation

LEUNG YIN t/a LEUNG YIN CO. v. CHEUNG KONG (HOLDINGS) LTD.
Court

Court of First Instance
Case number

HCA6540/1995

The judge found on the facts that the plaintiff had chosen Canada as his home and was ordinarily resident outside Hong Kong; the plaintiff had assets in Canada sufficient to meet the costs already incurred; consequently it was proper to exercise the court's discretion to order security for costs of HK$650,000 and to stay the action until security was provided.

Hong Kong Case Law

GOOD CENTURY HOLDINGS LTD v. HANG MEI TAT LTD

LIMING CAPITAL LTD AND ANOTHER v. YEUNG HEI KWAN, JACKIE

CHINESE UNITED ESTABLISHMENT LTD. v. CHEUNG SIU KI and Another

CHINESE UNITED ESTABLISHMENTS LTD. v. CHEUNG SIU KI and Another

LEUNG YIN t/a LEUNG YIN CO. v. CHEUNG KONG (HOLDINGS) LTD.