Hong Kong Case Law: Decisions & Judgments

Topic

Earnest money

Legal area

Court

7 May 2025

TRILLION STAR (ASIA) LTD v. GAIN FORTUNE CORPORATION LTD

Citation

[2025] HKDC 763
Court

District Court
Case number

DCCJ4722/2023

The defendant failed to show a reasonably arguable appeal because the undertaking was a separate enforceable obligation supported by consideration, it did not necessarily lapse or become subsumed by the subsequent provisional agreement absent clear wording, and no triable defence was established; accordingly leave to appeal was refused and costs were awarded to the plaintiff.
27 Sept 2013

LIEU TSENG VAN v. ZHUHAI HOLDINGS INVESTMENT GROUP LTD

Citation

LIEU TSENG VAN v. ZHUHAI HOLDINGS INVESTMENT GROUP LTD
Court

Court of Appeal
Case number

CACV152/2012

The Court held that the parties waived the clause providing expiry on 31 December 2008 by their subsequent conduct and communications, so the Framework Agreement continued; appellants were not entitled to forfeit or retain the earnest money; JZD was entitled to demand return and to enforce the share charge and Loan Assignment and validly appointed receivers; the earnest money had been paid in HKD and must be repaid in HKD (HKD30,000,000) with interest; ancillary orders as to damages to be assessed and costs followed.
2 Sept 1999

CHUNG FAI HOLDINGS LTD. v. TATTUNE DEVELOPMENT LTD.

Citation

CHUNG FAI HOLDINGS LTD. v. TATTUNE DEVELOPMENT LTD.
Court

Court of Appeal
Case number

CACV124/1999

The judge erred in granting unconditional leave to defend because the defendant's sole explanation (that the cheque was 'earnest money') did not justify displacing the master's conditional order; the appropriate order is conditional leave to defend on payment of the $15,000,000 into court, failing which the plaintiff may enter judgment with interest and costs.

Hong Kong Case Law

TRILLION STAR (ASIA) LTD v. GAIN FORTUNE CORPORATION LTD

LIEU TSENG VAN v. ZHUHAI HOLDINGS INVESTMENT GROUP LTD

CHUNG FAI HOLDINGS LTD. v. TATTUNE DEVELOPMENT LTD.