Hong Kong Case Law: Decisions & Judgments

Topic

Implied contractual term

Legal area

Court

10 Dec 2021

MAGNATE PRECIOUS METALS LTD v. BIYONGXIN TRADING CO., LTD AND OTHERS

Citation

[2021] HKCFI 3698
Court

Court of First Instance
Case number

HCMP280/2021

The court held that the Plaintiff affirmed the Subscription Agreement by accepting the US$5 million and issuing the Note Certificate, and therefore could not retain the subscription monies and avoid paying interest by relying on an implied KYC-based term; accordingly the 1st Defendant's debt was not disputed on bona fide and substantial grounds and the 1st Defendant was entitled to present a winding-up petition (deferred by 7 days); costs of HK$300,000 awarded to the 1st Defendant.
24 May 2016

CHINA PROPERTY DEVELOPMENT (HOLDINGS) LTD v. MANDECLY LTD AND OTHERS

Citation

CHINA PROPERTY DEVELOPMENT (HOLDINGS) LTD v. MANDECLY LTD AND OTHERS
Court

Court of Appeal
Case number

CACV93/2015

The Court dismissed the appeals and upheld the judge’s setting aside of the parts of the arbitral Award (paras 342 and 477(7)) ordering CPDH to pay RMB 10,000,000 because the Tribunal made a substantive finding against CPDH on the Deeming Provision when the respondents had expressly confined that claim to BPP, thereby denying CPDH the opportunity to present its case and deciding a matter beyond the submission to arbitration; the irregularity was sufficiently serious and the court properly exercised its discretion to set aside that part of the Award.
6 Nov 2014

LAU CHUN MING v. DELOITTE TOUCHE TOHMATSU (A FIRM)

Citation

LAU CHUN MING v. DELOITTE TOUCHE TOHMATSU (A FIRM)
Court

Court of First Instance
Case number

HCCL24/2013

The summons to strike out was dismissed because the plaintiff's pleaded contractual and tortious causes of action against the defendant firm are not barred by the trustees' release order under s94(3); the release discharged only the individual trustees and did not extinguish a separate duty owed by the firm which put forward its partners as trustees, so the Statement of Claim discloses a reasonable cause of action.
11 Sept 2013

EAA SECURITIES LTD v. FATTYDAD ALICE PUI YAN, the Administratrix of the Estate of Fattydad Henry, Deceased

Citation

EAA SECURITIES LTD v. FATTYDAD ALICE PUI YAN, the Administratrix of the Estate of Fattydad Henry, Deceased
Court

Court of First Instance
Case number

HCA2520/2009

The proposed amendments would introduce a contractual cause of action based on an implied term that was not pleaded at the time of filing and which, on the facts, would revive claims arising from sales in 2000 and thus be time-barred; the court therefore refused to exercise its discretion to allow those aspects of the amendment and struck out prayers (A) and (C) while permitting other amendments.
17 Jun 2010

LAM SUK HAN v. NG SUK HAN AND ANOTHER

Citation

LAM SUK HAN v. NG SUK HAN AND ANOTHER
Court

District Court
Case number

DCPI1615/2009

The court held Alliance liable to indemnify Ng because (1) Pang's instruction to drive the car to the Car Park and to contact Lui if necessary was given in the course of employment and within Alliance's interest; (2) the subsequent detour and manner of driving were within the reasonable scope of the authority and not manifestly tortious or constituting a default disentitling Ng to indemnity; and (3) Pang acted in his capacity as director/representative of Alliance so Alliance, not Pang personally, owed the indemnity obligation.
23 Mar 2004

HUI YAU CHUNG v. CITIZENS TRAVEL AGENCY LTD

Citation

HUI YAU CHUNG v. CITIZENS TRAVEL AGENCY LTD
Court

Court of First Instance
Case number

HCPI876/2000

The 1st defendant was the organizer and operator of the Dragon Tour and contracted with individual tour members; it owed a primary contractual and tortious duty to supply services with reasonable care and skill and to ensure safety. By authorizing the Sunset Cruise and leaving arrangements to the local operator without ensuring boat capacity and safety, the 1st defendant breached that duty and is liable for deaths caused by overloading and the illegal upper deck. The 2nd defendant, as an uncharged freelance tour leader, was not instructed or responsible for boat arrangements and could not hav…
23 Mar 2004

JUNICHI TAKASHIMA AND ANOTHER v. CITIZENS TRAVEL AGENCY LTD AND ANOTHER

Citation

JUNICHI TAKASHIMA AND ANOTHER v. CITIZENS TRAVEL AGENCY LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI1051/2000

The court found Citizens Travel had contracted with individual tour members and, as operator/organizer, owed and breached the primary contractual duty to provide services with reasonable care by failing to ensure the safety of the Sunset Cruise (failure to verify boat capacity and the illegal upper deck), and is thus liable for the deaths; the tour leader was not negligent and claims against him are dismissed.
5 Apr 2000

WHALE VIEW INVESTMENT LTD v. KENSLAND REALTY LTD AND OTHERS

Citation

WHALE VIEW INVESTMENT LTD v. KENSLAND REALTY LTD AND OTHERS
Court

Court of First Instance
Case number

HCA9231/1997

There was an implied term that split-cheque/payment directions must be given in reasonable time and Kensland gave such directions in time; the purchaser repudiated by failing to complete and Kensland validly forfeited 10% of the purchase price; the solicitors (Tam Pun) were negligent in failing to exercise reasonable care in preparing and delivering correct documentation causing delay and are liable to reimburse the forfeited deposit; the Bank was not negligent nor vicariously liable because it did not retain Tam Pun as its solicitors.