Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statute of frauds / writing requirement

Legal area

Court

30 Apr 2014

WELLSINO LTD v. ELLA HOLDING COMPANY LTD

Citation

WELLSINO LTD v. ELLA HOLDING COMPANY LTD
Court

Court of First Instance
Case number

HCA1903/2013

The application for default judgment was dismissed because service on the 2nd defendant could not be shown to be reliably effected due to an address discrepancy in the certificate of posting, and independently the pleaded claim against the 2nd defendant was founded on an oral agreement which did not meet the statutory writing requirement under s.3 of the Conveyancing and Property Ordinance (no signed memorandum/receipt alleged), so default judgment could not properly be given.
31 May 2013

WELL LOCK LTD v. RESERVE INVESTMENTS LTD

Citation

WELL LOCK LTD v. RESERVE INVESTMENTS LTD
Court

District Court
Case number

DCCJ2111/2011

On the balance of probabilities the plaintiff failed to prove the existence of the alleged Revised Agreement; negotiations remained 'subject to contract' so no binding agreement arose; the letter signed by the defendant's solicitors did not satisfy s3(1) CPO because the solicitors were not authorised to sign as the defendant's memorandum; tender of payment did not amount to part performance; accordingly the plaintiff's claim for specific performance fails and the defendant's counterclaim for return of title deeds succeeds.