Hong Kong Case Law: Decisions & Judgments

Topic

Memorandum of agreement

Legal area

Court

31 Aug 2018

HAI KUO SHIPPING 1201 LTD v. EVERWIN SHIPPING (HONG KONG) CO LTD AND OTHERS

Citation

[2018] HKCFI 1906
Court

Court of First Instance
Case number

HCAJ79/2014

Plaintiff proved contractual entitlement to the termination amount and related sums under the charterparty, Memorandum of Agreement and Deed of Guarantee; in the absence of defence the court entered judgment for the Plaintiff for US$8,262,950.93 with interest and costs, but limited the 2nd Defendant's liability for interest to prime +1% p.a. until judgment and for costs to party-and-party assessment given the Agreement did not unequivocally provide for higher obligations.
3 Sept 2004

SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER

Citation

SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER
Court

Court of First Instance
Case number

HCA6641/2000

The MoA was valid and not champertous; the expression "the Arbitration" covers NAI 1325 and proceedings flowing from it (including NAI 1616); Unruh performed his best endeavours; Egana is estopped by the DoA (and alternatively agreed) to deny liability and must pay the Special Bonus (with Egana entitled to set-off under DoA); Seeberger is personally liable under clause 5 if Egana fails to pay; apportionment issue resolved by interpreting "the Arbitration" to include both proceedings and by adverse inference given defendants withheld ESCT documents.
25 Jun 2004

GAIN TALENT DEVELOPMNET LTD v. THE SECRETARY FOR ENVIRONMENT TRANSPORT AND WORKS

Citation

GAIN TALENT DEVELOPMNET LTD v. THE SECRETARY FOR ENVIRONMENT TRANSPORT AND WORKS
Court

Lands Tribunal
Case number

LDMR7/2003

The Tribunal held that the Applicant remained the former owner because the SPA passed the beneficial interest to the Applicant and the Memorandum of Agreement with Everett was only an agreement to enter a SPA with no evidence that a sale to Everett was completed; accordingly the Applicant was entitled to compensation for the resumed lots, assessed and agreed at HK$4,741,000, which the Respondent was ordered to pay.
23 Dec 1982

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "BLUE EXPRESS" v. THE OWNERS OF THE SHIP OR VESSEL "BLUE VICTORY"

Citation

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "BLUE EXPRESS" v. THE OWNERS OF THE SHIP OR VESSEL "BLUE VICTORY"
Court

Court of First Instance
Case number

HCAJ277/1981

The Memorandum of Agreement, read with the Protocol of Delivery and Acceptance, demonstrated the parties intended property to pass on delivery (5 October 1982 at 16:30). Therefore property had not passed at the date of issue of the writ (24 September 1982), Blue Ocean remained beneficial owner at that date, and the arrest of the sistership was valid; the motion to set aside must be dismissed.

Hong Kong Case Law

HAI KUO SHIPPING 1201 LTD v. EVERWIN SHIPPING (HONG KONG) CO LTD AND OTHERS

SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER

GAIN TALENT DEVELOPMNET LTD v. THE SECRETARY FOR ENVIRONMENT TRANSPORT AND WORKS

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "BLUE EXPRESS" v. THE OWNERS OF THE SHIP OR VESSEL "BLUE VICTORY"