Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Oral collateral agreements

Legal area

Court

24 May 2024

CHEUNG HON KIN v. CHUBB LIFE INSURANCE COMPANY LTD (formerly known as NEW YORK LIFE INSURANCE WORLDWIDE LTD and ACE LIFE INSURANCE COMPANY LTD respectively)

Citation

[2024] HKCFI 1313
Court

Court of First Instance
Case number

HCA2711/2016

No Braganza-type implied term was to be implied into the Contract because it was neither necessary nor obvious and would conflict with express contractual powers to amend manuals and terminate; alternatively, even if such an implied term existed it was not breached on the facts. No binding Alleged Oral Agreement was proven: testimony was inconsistent, alleged representatives lacked authority, contemporaneous documents contradicted the plaintiff's account and payment practices were explained by the defendant's Entry-Point system and a time-limited Special Allowance. Accordingly the claim is di…
18 Jun 2002

QUEENRIGHT LTD. v. HO HUNG

Citation

QUEENRIGHT LTD. v. HO HUNG
Court

Court of First Instance
Case number

HCMP2859/2000

On the facts the court accepted the plaintiff's witnesses and contemporaneous documents, rejected the defendant's evidence of oral collateral agreements and an oral settlement, found the defendant knew the plaintiff was the mortgagee and that the interest rate was increased to prime plus 2.5% in March 1999; accordingly the plaintiff was entitled to judgment for the outstanding principal, accrued interest, interest from judgment and possession of the Property.