Hong Kong Case Law: Decisions & Judgments

Topic

Open contract

Legal area

Court

4 Jun 2018

TSANG, HIN MING JOHNNY v. TSANG, HIN KEI JOSEPH AND ANOTHER

Citation

[2018] HKCFI 1186
Court

Court of First Instance
Case number

HCA994/2015

The judge accepted the defendant's and witness Law's credible evidence and rejected the plaintiff's account; on the facts the subject agreement was a valid enforceable contract (not void for uncertainty) in the familial construction context, allocated responsibility for premium and set procedures; consequently the plaintiff's claim for recovery of the ground floor was dismissed and the defendant's counterclaim for transfer succeeded in the terms ordered.
20 Jul 2011

WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER

Citation

WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV176/2010

The Court held that issues limiting an agent's authority (that the agent exceeded authority by agreeing specific standard terms) must be specifically pleaded by the principal; absent appropriate pleading the court will not allow that defence to take the opposite party by surprise. On the facts the court found the agent had been verbally authorised to sell but the procedural failure to plead meant the principal was held liable and ordered to pay the sums due under the agreement.
23 Jul 2010

WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER

Citation

WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA841/2008

Judge found Jenny verbally authorised Francis only to sell on core terms (price, initial and further 5% deposits, completion date and 1% commission) but Francis exceeded that authority by signing a detailed preliminary agreement containing significant additional express terms (notably clause 7 liquidated damages and clauses 6 and 10) of which Jenny lacked knowledge; consequently Conwell was not bound and had not ratified the contract; plaintiff's claim against Conwell dismissed and Conwell's counterclaim to withdraw registration allowed; plaintiff succeeded against Francis for breach of warra…
21 Dec 1998

KWAN SIU MAN JOSHUA v. YAACOV OZER

Citation

KWAN SIU MAN JOSHUA v. YAACOV OZER
Court

Court of Final Appeal
Case number

FACV19/1998

The Court held that on the facts the parties remained in negotiation and no concluded binding contract was made in the lift lobby; the 18 November 1991 letter was not a sufficient memorandum under s.3(1) C.P.O. to evidence the alleged oral contract; consequently the oral contract was unenforceable and the orders below granting specific performance were discharged and the plaintiff's claim dismissed.
17 Jun 1998

YAACOV OZER v. KWAN SIU MAN JOSHUA

Citation

YAACOV OZER v. KWAN SIU MAN JOSHUA
Court

Court of Appeal
Case number

CACV150/1997

Conditional leave to appeal was granted because the appeal lies as of right and the appellant offered the required security; the Court declined to determine or order costs in respect of the leave application and left costs to the Court of Final Appeal under s.43; the application to vary the costs order nisi was refused because it would require re‑opening the Court's substantive finding on the open contract, a matter for the Court of Final Appeal.
3 Dec 1993

D.H. SHUTTLECOCKS LIMITED v. KEUNG SHIU TANG

Citation

D.H. SHUTTLECOCKS LIMITED v. KEUNG SHIU TANG
Court

Court of First Instance
Case number

HCA9539/1991

The provisional sale and purchase agreement was binding; the vendor, by insisting on 'Special Stipulations' excluding requisitions on the power of attorney, breached the implied obligation to exhibit good title under the Conveyancing and Property Ordinance and thereby could not validly insist the purchaser sign a formal agreement or pay the further deposit by the target date; the vendor's solicitors' communications amounted to anticipatory repudiation and the purported forfeiture of the initial deposit was unjustified; interlocutory judgment for the purchaser follows.

Hong Kong Case Law

TSANG, HIN MING JOHNNY v. TSANG, HIN KEI JOSEPH AND ANOTHER

WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER

WISECAL LTD v. CONWELL INTERNATIONAL LTD AND ANOTHER

KWAN SIU MAN JOSHUA v. YAACOV OZER

YAACOV OZER v. KWAN SIU MAN JOSHUA

D.H. SHUTTLECOCKS LIMITED v. KEUNG SHIU TANG