Hong Kong Case Law: Decisions & Judgments

Topic

Rule of 78

Legal area

Court

13 Jul 2005

DAH SING BANK, LTD v. HOP SHING PRINTING CO (a firm) AND OTHERS

Citation

DAH SING BANK, LTD v. HOP SHING PRINTING CO (a firm) AND OTHERS
Court

Court of First Instance
Case number

HCA3252/2003

The Master’s summary judgment was upheld because defendants failed to establish non est factum, there was no actionable misrepresentation by the Bank, the alleged variations (possession by Wah Feng and relocation) were within the contract or authorised by clause 6 of the guarantee, and no duty of care arose absent active steps by the Bank to realise the machine; accordingly no triable issue existed on liability though damages must be quantified before execution.
14 Mar 1998

AVCO FINANCIAL SERVICES (ASIA) LTD v. MAN SHU FAT

Citation

AVCO FINANCIAL SERVICES (ASIA) LTD v. MAN SHU FAT
Court

Court of First Instance
Case number

HCA13376/1997

The lease was validly terminated for breach; the court must independently assess quantum and apply an interest rebate calculation favorable to the defendant (adopting the plaintiff witness's alternate calculation) resulting in a net award. The correct computation produced a judgment sum of $69,088.72; interest at judgment rate runs from date of writ until payment; costs awarded on a full indemnity basis pursuant to clause 4(m) of the Lease Agreement.
8 Nov 1995

FIRST PACIFIC BANK LTD. v. CEN PHONE CO. LTD. and Others

Citation

FIRST PACIFIC BANK LTD. v. CEN PHONE CO. LTD. and Others
Court

Court of First Instance
Case number

HCA2347/1995

The Court accepted the plaintiff's evidence and computations, held the 2nd and 3rd defendants liable as guarantors, assessed damages at $509,596.75, awarded interest from 2 March 1995 at 2% per month and ordered costs to the plaintiff on an indemnity basis.
22 May 1990

WAYFOONG CREDIT LTD v. NG SIU CHEONG AND OTHERS

Citation

WAYFOONG CREDIT LTD v. NG SIU CHEONG AND OTHERS
Court

Court of First Instance
Case number

HCA4215/1989

Damages for the unexpired term are calculated by taking total remaining rentals, deducting the judicially determined market value of the goods and crediting the Rule of 78 rebate; clause 8(e) cannot preclude judicial determination and the lessor's sale process must be fair; valuations by an independent valuer were preferred to the private realisation prices, producing certified damages totalling HK$82,964.05.
14 Jun 1985

SUN HUNG KAI CREDIT LTD v. SZETO YUK MEI AND OTHERS

Citation

SUN HUNG KAI CREDIT LTD v. SZETO YUK MEI AND OTHERS
Court

District Court
Case number

DCCJ3549/1985

The guarantor is bound by the signed guarantee despite his claimed mistake because he was careless in signing a blank document; the guarantee was supported by consideration because the plaintiff's delivery occurred upon entering the hire purchase agreement and any earlier dealer delivery was a bailment at will, not the plaintiff's delivery; the phrase "hire charges up to the termination hereof" in condition 7(1)(e) is void for uncertainty and the court will not import the Rule of 78 to rectify that uncertainty, but the uncertainty does not void the entire minimum payment clause and the plaint…

Hong Kong Case Law

DAH SING BANK, LTD v. HOP SHING PRINTING CO (a firm) AND OTHERS

AVCO FINANCIAL SERVICES (ASIA) LTD v. MAN SHU FAT

FIRST PACIFIC BANK LTD. v. CEN PHONE CO. LTD. and Others

WAYFOONG CREDIT LTD v. NG SIU CHEONG AND OTHERS

SUN HUNG KAI CREDIT LTD v. SZETO YUK MEI AND OTHERS