31 Jul 2020
HO LAI KING v. KWOK FUNG YING AND ANOTHER
- Citation
- [2020] HKCA 657
- Court
- Court of Appeal
- Case number
- CACV108/2019
The Court of Appeal held the Judge erred in concluding there was no intention to create legal relations. Considering the subject matter (a substantial capital asset), the context of the telephone agreement, the defendants' substantial performance and the real risk that the son would unjustly benefit, the court found the parties intended the Oral Agreement to be legally binding. The lack of written formalities and some vagueness did not defeat enforceability. Consequently the defendants were entitled to half of the RMB3,000,000 compensation (RMB1,500,000).