Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Rectification of agreement

Legal area

Court

4 Aug 2011

BAUHINIA CATERING MANAGEMENT CO LTD v. HEUNG SAI KIT AND OTHERS

Citation

BAUHINIA CATERING MANAGEMENT CO LTD v. HEUNG SAI KIT AND OTHERS
Court

District Court
Case number

DCCJ5561/2006

Leave to appeal refused because the defence failed to show a reasonable prospect of success or that the trial judge's factual conclusions were plainly wrong; application for stay of execution refused for lack of exceptional circumstances; costs to follow the event to be borne by defendants.
17 May 2004

CHAN HO ENGINEERING PTE LTD v. WONG WING KWONG AND ANOTHER

Citation

CHAN HO ENGINEERING PTE LTD v. WONG WING KWONG AND ANOTHER
Court

District Court
Case number

DCCJ13115/2001

Court found there was a binding agreement between Chan and Wong reached orally and recorded in a poorly drafted written note; the misnaming of parties was cured by evidence and partial performance (transfer of shares on 31 August 2000); accordingly the written agreement was rectified to reflect the parties' intention and 1st Defendant ordered to pay HK$480,000; defendants' counterclaims failed for lack of credible evidence and the guarantee did not bind the Plaintiff.