Hong Kong Case Law: Decisions & Judgments

Topic

Counterclaim for deposit

Legal area

Court

11 Feb 2006

SKK (HONG KONG) CO LTD v. CHEONG SHING REPAIR & MAINTENANCE LTD

Citation

SKK (HONG KONG) CO LTD v. CHEONG SHING REPAIR & MAINTENANCE LTD
Court

District Court
Case number

DCCJ4734/2003

The court found the signed sales contracts did not incorporate the delivery-to-designated-site/person terms of requisition forms; the plaintiff proved delivery by credible witness evidence and contemporaneous delivery orders; the defendant failed to prove the surplus-paint defence on the balance of probabilities; accordingly the plaintiff was awarded $518,066.17 and the defendant's counterclaim dismissed.
14 Jan 2004

NANYANG COMMERCIAL BANK LTD v. SANKO TECHNOLOGY LTD AND OTHERS

Citation

NANYANG COMMERCIAL BANK LTD v. SANKO TECHNOLOGY LTD AND OTHERS
Court

Court of First Instance
Case number

HCA5407/2001

The Deed of Guarantee and Charge on Deposit unambiguously created continuing joint and several liability and an express right of set-off and variation; contemporaneous documents and conduct established the guarantor knew and accepted the ongoing obligations; the pleaded defences (variation, misrepresentation, settlement, release of funds, full payment) failed on the evidence; the alleged misrepresentations were not proven; accordingly plaintiff entitled to judgment for the debt and the counterclaim dismissed.
20 Oct 2003

SUPER DENSE INTERNATIONAL LTD v. INTERNATIONAL COMMUNICATION SERVICES LTD

Citation

SUPER DENSE INTERNATIONAL LTD v. INTERNATIONAL COMMUNICATION SERVICES LTD
Court

District Court
Case number

DCCJ4888/2002

The March 6, 2001 contract was a two-stage linked contract (development/approval sample then production of 3,488 approved radios); implied terms that inspection occur at the Plaintiff's Shenzhen factory and that AQL Level II applied were warranted by prior dealings, but there was no implied unilateral obligation on the Defendant to give approval within a fixed reasonable time; the Defendant repudiated the contract by unilaterally imposing inspection in Hong Kong and AQL Level III, entitling the Plaintiff to damages, but Plaintiff failed to prove quantifiable loss beyond nominal damages.
13 Apr 1999

FU YUK CHING v. FU CHAK MING

Citation

FU YUK CHING v. FU CHAK MING
Court

Court of First Instance
Case number

HCA3817/1996

The court preferred the plaintiff's credible, tested oral evidence over the defendant's unverified, untested and inconsistent account given his absence; on that basis the registered provisional agreement was held to be a false instrument, declaration of falsity granted, registration vacated, counterclaim dismissed and damages and costs awarded to plaintiff (quantum to be assessed).

Hong Kong Case Law

SKK (HONG KONG) CO LTD v. CHEONG SHING REPAIR & MAINTENANCE LTD

NANYANG COMMERCIAL BANK LTD v. SANKO TECHNOLOGY LTD AND OTHERS

SUPER DENSE INTERNATIONAL LTD v. INTERNATIONAL COMMUNICATION SERVICES LTD

FU YUK CHING v. FU CHAK MING