Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Commission calculation

Legal area

Court

23 May 2006

PACIFIC WING SHING AIR DUCT CO LTD AND ANOTHER v. LI CHUN KIT

Citation

PACIFIC WING SHING AIR DUCT CO LTD AND ANOTHER v. LI CHUN KIT
Court

Court of First Instance
Case number

HCMP487/2006

The applicant's renewal for extension of time and leave to appeal was dismissed because he was over two years late, failed to identify any question of law of general public importance as required by s35A, and Deputy Judge To's interpretation that 'settled' meant invoices actually paid was correct, so there was no arguable case to justify extension or leave.
21 Jun 2004

ROYAL SELANGOR (HK) LTD v. HK XINDONGFANG (WING SUN) TRADING CO LTD

Citation

ROYAL SELANGOR (HK) LTD v. HK XINDONGFANG (WING SUN) TRADING CO LTD
Court

District Court
Case number

DCCJ6870/2003

The court found that the 2nd Agreement governed all sales effected on or after 1.7.2001 irrespective of import date; the 1st Agreement continued only to govern sales that had actually occurred before 1.7.2001; the commission under the 2nd Agreement is 22% for sales on or after 1.7.2001 and allows deduction of proven expenses the Plaintiff agreed to bear; the Defendant failed to prove any separate oral agreement entitling it to 35% for goods transferred to Shanghai and failed on credibility, so counterclaim dismissed and judgment entered for Plaintiff in the calculated sum.