Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mutual release

Legal area

Court

15 Mar 2002

倫志豪經營飛鵬速遞服務公司 v. LAI SUK MAN MASKUN

Citation

倫志豪經營飛鵬速遞服務公司 v. LAI SUK MAN MASKUN
Court

Court of First Instance
Case number

HCLA73/2001

The court held that the respondent's conduct on 7 December 2000 constituted a repudiatory breach which the appellant was entitled to accept; there was no evidence of mutual release by consent; therefore the appellant's counterclaim for wages in lieu of notice succeeds and the Presiding Officer erred in dismissing it.
16 May 1983

LAM WA LEUNG v. SO CHUNG SHEK

Citation

LAM WA LEUNG v. SO CHUNG SHEK
Court

Court of First Instance
Case number

HCA3818/1982

The written 'Lum See' agreement, on its face, was unambiguous and intended to have immediate binding effect; the defendant failed to discharge the burden of proving a collateral oral agreement making it conditional on his father's approval; the telephone conversation at end of August 1981 amounted to a mutual release of rights and obligations, so the plaintiff's claim for enforcement fails.