Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Enforcement of settlement terms

Legal area

Court

8 Nov 1999

NG YIU MING v. LEUNG YEE

Citation

NG YIU MING v. LEUNG YEE
Court

Court of First Instance
Case number

HCMP1730/1999

The plaintiffs failed to comply with the Further Undertaking in the consent order by not implementing the specified signage/advertising changes within the stipulated time; as full compliance was a precondition to the defendants' obligation to pay HK$6,500,000, the plaintiffs were not entitled to that sum and the summons was dismissed with costs to the defendants.
12 Dec 1990

LUCKY WEALTH CONSULTANTS LTD v. HORIZON TECHNOLOGIES INTERNATIONAL LTD

Citation

LUCKY WEALTH CONSULTANTS LTD v. HORIZON TECHNOLOGIES INTERNATIONAL LTD
Court

Court of Appeal
Case number

CACV31/1990

The Court held that the Tomlin order and the separate Deed were distinct instruments; the Schedule to the Tomlin order contained clear, absolute payment obligations which did not incorporate or depend upon the Deed's conditional clauses, so Horizon could not invoke the Deed to resist enforcement; accordingly the appeal was allowed and enforcement of the sums in the Tomlin schedule ordered (subject to a limited stay to hear submissions on further stay).