Hong Kong Case Law: Decisions & Judgments

Topic

Identity of contracting party

Legal area

Court

30 Mar 2026

YANG WELL INTERNATIONAL CO LTD v. FIRECORE TECHNOLOGY LTD

Citation

[2026] HKCFI 1814
Court

Court of First Instance
Case number

HCA2285/2024

Plaintiffs established a prima facie sustainable claim: purchase orders named them, payments were made from their bank accounts and admitted received by defendant, and contemporaneous communications corroborated the transactions; defendant failed to particularise a bona fide defence that raised triable issues because its alternative contracting parties were unsupported (one non-existent, the other unconnected) and authority disputes were not credibly pleaded; therefore summary judgment granted for the specified sums, interest and costs and defendant's security for costs applications dismissed.
30 Mar 2026

FASCO INTERNATIONAL LTD v. FIRECORE TECHNOLOGY LTD

Citation

[2026] HKCFI 1814
Court

Court of First Instance
Case number

HCA2286/2024

Plaintiffs established a prima facie sustainable case by showing purchase orders in their names, payments from their bank accounts and contemporaneous communications evidencing agreement and offsets; defendant failed to particularise or adduce credible evidence of triable issues as to identity or authority (its assertion that it contracted with a non-existent TW entity or an unrelated HK entity was implausible); accordingly summary judgment was entered for plaintiffs and defendant's security for costs application dismissed.
12 Apr 2024

ZHANG JIZHI v. HONG KONG TV INTERNATIONAL MEDIA GROUP LTD AND ANOTHER

Citation

[2024] HKCA 302
Court

Court of Appeal
Case number

CAMP5/2024

On the true construction of the written Agreement, Party A comprised both the 1st and 2nd Defendants; the appellants failed to raise any triable issues on identity, election/estoppel, unjust enrichment or change of position, and the Judge did not err in refusing the late new evidence or in rejecting proposed amendments, so summary judgment and associated orders were upheld.
12 Apr 2024

ZHANG JIZHI v. HONG KONG TV INTERNATIONAL MEDIA GROUP LTD AND ANOTHER

Citation

[2024] HKCA 302
Court

Court of Appeal
Case number

CACV95/2022

The Court held that Party A comprised both the 1st and 2nd Defendants on the wording, context and commercial purpose of the written agreement; the extrinsic evidence relied on by appellants did not raise triable issues sufficient to defeat a summary judgment; payment without transfer/registration of title amounted to a total failure of consideration such that unjust enrichment restitution was available and the defendants' change of position defence failed; admission of late new evidence was properly refused; accordingly the appeals and leave application were dismissed and summary judgment and…
28 Apr 2011

LAM WAI t/a TIN WAI COMPUTER EMBROIDERY FTY v. SHUN SENG HOP YICK KNITTING FACTORY LTD

Citation

LAM WAI t/a TIN WAI COMPUTER EMBROIDERY FTY v. SHUN SENG HOP YICK KNITTING FACTORY LTD
Court

District Court
Case number

DCCJ1891/2007

On the evidence the consistent past course of dealings — invoices issued to and habitually paid by the defendant, defendant assuming negotiation and financial consequences of disputes, absence of contemporaneous objection — established contracts between the plaintiff and the defendant for all 36 invoices; the Identity Defence therefore fails. The counterclaim succeeded only in respect of the US$4 per piece reduction for the Cardigan Orders, quantified and supported by primary documents at HK$200,834; other heads (labour remediation, airfreight) were disallowed for inadequate evidence. Net jud…
7 Apr 2010

KINFORM LTD v. TSUI LOI AND OTHERS

Citation

KINFORM LTD v. TSUI LOI AND OTHERS
Court

District Court
Case number

DCCJ3854/2009

Summary judgment was refused because the defendants disclosed triable issues: contested factual questions on defective quality, credible evidence that Kinform (through Chow) accepted rejection of the goods, and a real dispute as to whether Tsui or Ho Man contracted for the goods; these matters involve credibility and conflicting evidence that require a trial. The charge over the HOS flat was prima facie void under Housing Ordinance s17B and the O.86 application was withdrawn.
25 Jan 2010

HOUSTON MACHINERY (CHINA) CO LTD v. KWOK YING FAT

Citation

HOUSTON MACHINERY (CHINA) CO LTD v. KWOK YING FAT
Court

Court of First Instance
Case number

HCA21/2008

Exercise of discretion to refuse leave: defendant's prospects of success were remote and refusal would not cause injustice, whereas granting leave would seriously prejudice the plaintiff who had relied on the partial summary judgment; evidence supported finding that Kwok was effectively the contracting party and had breached the contract, so leave to appeal out of time was refused.
27 Nov 2009

TSUI PO HING AND ANOTHER v. SK KAKEN CO LTD AND ANOTHER

Citation

TSUI PO HING AND ANOTHER v. SK KAKEN CO LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV101/2007

The Court of Appeal upheld the trial judge's findings: plaintiffs failed to prove the alleged 50-year agency or the five representations that would override Clause 10; the contractual counterparty was SKK (H.K.); alleged repudiatory breaches were not established; the proposed fresh evidence did not satisfy Ladd v Marshall; thus the trial judgment dismissing plaintiffs' claim was affirmed and the appeal dismissed.
14 Oct 2008

ALDO TRADING LTD v. PARTNER DECORATION ENGINEERING LTD

Citation

ALDO TRADING LTD v. PARTNER DECORATION ENGINEERING LTD
Court

Court of Appeal
Case number

CACV30/2008

The appeal was dismissed because the trial judge's finding that Lee contracted with Partner was supported by the totality of evidence and credibility findings (Fairview consultancy arrangements, drawings referring to Lee, perception of Mr Sit at a meeting, payments by Lee's cheques and correspondence to Lee); invoices naming Aldo did not outweigh that evidence and did not warrant appellate interference.
15 Feb 2008

RE GLOBALINK TECHNOLOGY DEVELOPMENT LTD

Citation

RE GLOBALINK TECHNOLOGY DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCCW670/2006

The petition was dismissed because the Company discharged its onus by raising a bona fide dispute on substantial grounds about the identity of the contracting party and the amount of the debt; such disputes must be resolved in ordinary civil proceedings and do not justify winding up the Company.