Hong Kong Case Law: Decisions & Judgments

Topic

Supply of services (implied terms) ordinance

Legal area

Court

29 Sept 2023

PERPETUAL WEALTH (HONG KONG) LTD v. BE SOLUTIONS CO LTD AND OTHERS

Citation

[2023] HKCFI 2505
Court

Court of First Instance
Case number

HCCT42/2021

Court found plaintiff failed to prove representations that Grade A marbles or matching sample were promised; expert evidence and contemporaneous documents established marbles were Crema Marfil (Spain) and of merchantable quality and defendants performed with reasonable care and skill; Agreements were principally contracts for work and labour (not sale by sample), plaintiff unlawfully terminated on 10 August 2018 and repudiated first, and first defendant entitled to judgment on its counterclaim for HK$2,349,073.75 plus interest and costs.
4 Aug 2022

STANDARD CHARTERED BANK (HONG KONG) LTD v. LOK SHEK HUNG

Citation

[2022] HKDC 805
Court

District Court
Case number

DCCJ1903/2021

Defendant failed to demonstrate any real or bona fide defence or triable issue: the card agreements expressly authorised the interest rates and the order of application of payments, no vitiating circumstances or credible evidence of unconscionability under the UCO or breach of SSO or binding effect of FCA/Code were shown, and thus the Master’s orders (summary judgment for plaintiff, set aside of default judgment and striking out of counterclaim) were correct and the appeal is dismissed.
12 Oct 2021

JEKCO ELEVATORS LTD v. MILLION HOTEL MANAGEMENT LTD

Citation

[2021] HKDC 1277
Court

District Court
Case number

DCCJ1440/2018

The defendant was not entitled to terminate the 2nd Agreement: the court would consider only breaches during the 2nd Agreement and refused to treat breaches of the expired 1st Agreement as grounds to terminate a different contract; the defendant failed to prove that the plaintiff committed repudiatory breaches during the 2nd Agreement; the defendant's late applications to adduce documents were dismissed for lateness and irrelevance; accordingly the plaintiff succeeded and was awarded damages of HK$135,300; the defendant's counterclaim was dismissed.
12 Jul 2013

PACIFIC CAREER LTD v. GOLDIN PROPERTIES HOLDINGS LTD

Citation

PACIFIC CAREER LTD v. GOLDIN PROPERTIES HOLDINGS LTD
Court

District Court
Case number

DCCJ2654/2010

Defendant failed to establish any triable issue: the recorded telephone conversation did not show the candidate was unsuitable or that the plaintiff had withheld material information; the Agreement entitled plaintiff to the agency fee and contractual late charges; the master's conditional leave order was set aside and judgment entered for plaintiff for HK$129,600 plus contractual interest and costs; counterclaim dismissed.

Hong Kong Case Law

PERPETUAL WEALTH (HONG KONG) LTD v. BE SOLUTIONS CO LTD AND OTHERS

STANDARD CHARTERED BANK (HONG KONG) LTD v. LOK SHEK HUNG

JEKCO ELEVATORS LTD v. MILLION HOTEL MANAGEMENT LTD

PACIFIC CAREER LTD v. GOLDIN PROPERTIES HOLDINGS LTD