Hong Kong Case Law: Decisions & Judgments

Topic

Deed poll

Legal area

Court

4 Sept 2023

GLORY SUN LAND GROUP LTD v. KANG NING AND ANOTHER

Citation

[2023] HKCFI 2499
Court

Court of First Instance
Case number

HCMP682/2023

The court held that it was arguable the Deed Poll terms were provided to the defendants before their subscriptions and that the bond instrument provisions requiring bondholder approval (including a 75% written resolution) arguably extend to the presentation of a winding up petition; therefore the Company has a bona fide defence on substantial grounds and is entitled to an injunction restraining presentation of a petition unless the defendants undertake not to present one.
27 Aug 2015

CHOW DANNY HOK YIN FRANCIS AND ANOTHER v. CANTON CENTURY LTD

Citation

CHOW DANNY HOK YIN FRANCIS AND ANOTHER v. CANTON CENTURY LTD
Court

District Court
Case number

DCCJ3972/2013

Clause 8 of the PSPA required provision/signing of a deed poll and sub‑sub DMC at completion; those documents were title documents in the circumstances and the defendant did not provide signed versions before completion; clause 8 did not effect a waiver of the right to have those signed documents (it only waived challenge to the number of undivided shares); accordingly the defendant failed to prove good title, plaintiffs were entitled to return of deposits and damages, and judgment was entered for the plaintiffs for $480,000 with interest; defendant's counterclaim dismissed.
30 Jul 2015

CITY UNIVERSITY OF HONG KONG v. HANS RICHARD MAHNCKE

Citation

CITY UNIVERSITY OF HONG KONG v. HANS RICHARD MAHNCKE
Court

Court of First Instance
Case number

HCA935/2014

Because the Statement of Claim pleaded a viable case and established the need for declaratory relief, the application under O.19 r.7 was sufficient; the separation agreement, the deed poll and the statements specified are valid and binding on the defendant, and equitable injunctive relief was warranted to restrain disparaging statements and pursuit of released claims; the Order 14 summons was unnecessary and should not have been issued.
28 Jan 2015

CHOY SON FAI AND OTHERS v. YEUNG MIU KWAN BRENDY

Citation

CHOY SON FAI AND OTHERS v. YEUNG MIU KWAN BRENDY
Court

District Court
Case number

DCMP1972/2013

Defendant failed to show or prove a good title because it did not produce a certificate of exemption or specific Buildings Department approval for the drainage works of the Property (the communal documents produced did not show approval specific to the Property); that failure repudiated the Agreement and entitled plaintiffs to return of deposits and specified indemnities and costs.

Hong Kong Case Law

GLORY SUN LAND GROUP LTD v. KANG NING AND ANOTHER

CHOW DANNY HOK YIN FRANCIS AND ANOTHER v. CANTON CENTURY LTD

CITY UNIVERSITY OF HONG KONG v. HANS RICHARD MAHNCKE

CHOY SON FAI AND OTHERS v. YEUNG MIU KWAN BRENDY