Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Supplementary agreement

Legal area

Court

15 Jun 2001

CHUNG FAI ENGINEERING CO. (a firm) v. MAXWELL ENGINEERING CO. LTD.

Citation

CHUNG FAI ENGINEERING CO. (a firm) v. MAXWELL ENGINEERING CO. LTD.
Court

Court of Appeal
Case number

CACV981/2000

The appeal is dismissed because the judge's factual findings were not shown to be wrong, the 12 August target in the supplemental agreement was not of the essence and was not pleaded as such, and Maxwell's inability to complete by that date was excused by impediments beyond its control (lack of power and water).
7 Dec 1983

CHU SING HANG v. ATTORNEY GENERAL

Citation

CHU SING HANG v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP302/1980

The supplemental agreement was, on its face, a nonsense referencing inappropriate clause 4F; the court was entitled to consider the factual matrix and effect major surgery to give effect to the parties' true intention (only to raise rent); removing the offending references preserved a monthly tenancy which was validly terminated by the Notice to Quit; accordingly the defendant was entitled to possession.