Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Set-off / cross-claim

  • 6 Dec 2006

    CHONG KAR NING v. INTERNATIONAL PAINT LLC

    Citation
    CHONG KAR NING v. INTERNATIONAL PAINT LLC
    Court
    Court of Appeal
    Case number
    CACV116/2006

    The Court concluded there was no genuine cross-claim because appellants delayed asserting the commission claim, contemporaneous correspondence and admissions (notably the 2 February 2004 letter) evidenced acceptance of the debt, and the documents relied upon did not establish an enforceable commission entitlement independent of the 1994 Agreement; accordingly the statutory demands were valid and the appeal was dismissed.

  • 11 Jul 2003

    RE SUNLINK LTD

    Citation
    RE SUNLINK LTD
    Court
    Court of First Instance
    Case number
    HCCW1285/2002

    The Company failed to demonstrate a bona fide, substantial dispute or set-off: it repeatedly admitted liability, the alleged short delivery was explicable as normal fabrication wastage and supported by petitioner evidence, and the defective-goods claim was raised late and lacked quantified, probative evidence; therefore a winding-up order was properly made.